Substitute House Bill 1236 as Recommended by Housing, Human Services & Veterans

Source

Section 2

This section adds a new section to an existing chapter 59.18. Here is the modified chapter for context.

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    1. A landlord may not evict a tenant, refuse to continue the tenancy, or terminate a periodic tenancy except for the causes enumerated in subsection (2) of this section.

    2. Provided that the initial term of the tenancy is for a specified time of one year, a landlord may terminate the tenancy without cause at the end of the first year of the tenancy upon 60 days' prior written notice, served in a manner consistent with RCW 59.12.040. If a landlord does not give 60 days' notice as provided in this subsection, the tenancy becomes a monthly periodic tenancy until further agreement of the landlord and tenant, which can only be terminated for the reasons listed as cause enumerated in subsection (2) of this section.

    3. Except as provided in (b) of this subsection, a landlord may not terminate a tenancy for a specified time except for the causes enumerated in subsection (2) of this section. Upon the end date of the specified time, the tenancy becomes a monthly periodic tenancy. Nothing prohibits a landlord and tenant from entering into subsequent lease agreements that are in compliance with the termination requirements in subsection (2) of this section.

    4. A tenant may terminate a tenancy for a specified time by providing notice in writing not less than 20 days prior to the ending date of the specified time.

  2. The following reasons listed in this subsection, and no others, constitute cause:

    1. The tenant continues in possession in person or by subtenant after a default in the payment of rent, and after written notice requiring, in the alternative, the payment of the rent or the surrender of the detained premises has remained uncomplied with for the period set forth in RCW 59.12.030(3) for tenants subject to this chapter. The written notice may be served at any time after the rent becomes due, provided the unpaid rent did not accrue between March 1, 2020, and the end of a declared federal or state public health emergency related to the COVID-19 pandemic. If the tenant accrues unpaid rent between March 1, 2020, and the end of a declared federal or state public health emergency related to the COVID-19 pandemic, the landlord shall have offered a reasonable schedule for the repayment of unpaid rent that does not exceed monthly payments equal to one-third of the monthly rental charges during the period of accrued debt. If a tenant fails to accept the terms of a reasonable repayment plan within 14 days of the landlord's offer or defaults on any rent owed under a repayment plan, the landlord may proceed with an unlawful detainer action as set forth in RCW 59.12.030(3). The court shall consider the tenant's circumstances, including decreased income or increased expenses due to COVID-19, and the repayment plan terms offered during any unlawful detainer proceeding;

    2. The tenant continues in possession after substantial breach of a material program requirement of subsidized housing, material term subscribed to by the tenant within the lease or rental agreement, or a tenant obligation imposed by law, other than one for monetary damages, and after the landlord has served written notice specifying the acts or omissions constituting the breach and requiring, in the alternative, that the breach be remedied or the rental agreement will terminate, and the breach has not been adequately remedied by the date specified in the notice, which date shall be at least 10 days after service of the notice;

    3. The tenant continues in possession after having received at least three days' written notice to quit after he or she commits or permits waste or nuisance upon the premises, unlawful activity that affects the use and enjoyment of the premises, or other substantial or repeated and unreasonable interference with the use and enjoyment of the premises by the landlord or neighbors of the tenant;

    4. The tenant continues in possession after the landlord of a dwelling unit in good faith seeks possession so that the owner or his or her immediate family may occupy the unit as that person's principal residence and no substantially equivalent unit is vacant and available to house the owner or his or her immediate family in the same building, and the owner has given at least 90 days' advance written notice of the date the tenant's possession is to end. There is a rebuttable presumption that the owner did not act in good faith if the owner or immediate family fails to occupy the unit as a principal residence for at least 60 consecutive days during the 90 days immediately after the tenant vacated the unit pursuant to a notice of termination using this subsection (2)(d) as the cause for termination;

    5. The tenant continues in possession after the landlord elects to sell a single family residence and the landlord has given at least 90 days' advance written notice of the date the tenant's possession is to end. For the purposes of this subsection (2)(e), an owner "elects to sell" when the owner makes reasonable attempts to sell the dwelling within 30 days after the tenant has vacated, including, at a minimum, listing it for sale at a reasonable price with a realty agency or advertising it for sale at a reasonable price by listing it on the real estate multiple listing service. There shall be a rebuttable presumption that the owner did not intend to sell the unit if:

      1. Within 30 days after the tenant has vacated, the owner does not list the single-family dwelling unit for sale at a reasonable price with a realty agency or advertise it for sale at a reasonable price by listing it on the real estate multiple listing service; or

      2. Within 90 days after the date the tenant vacated or the date the property was listed for sale, whichever is later, the owner withdraws the rental unit from the market, rents the unit to someone other than the former tenant, or otherwise indicates that the owner does not intend to sell the unit;

    6. The tenant continues in possession of the premises after the landlord serves the tenant with advance written notice pursuant to RCW 59.18.200(2)(c);

    7. The tenant continues in possession after the owner elects to withdraw the premises to pursue a conversion pursuant to RCW 64.34.440 or 64.90.655;

    8. The tenant continues in possession, after the landlord has served 30 days' advance written notice that: (i) The premises has been certified or condemned as uninhabitable by a local agency charged with the authority to issue such an order; and (ii) continued habitation of the premises would subject the landlord to civil or criminal penalties. However, if the terms of the local agency's order do not allow the landlord to provide 30 days' advance written notice, the landlord shall provide as much advance written notice as is possible and still comply with the order;

    9. The tenant continues in possession after an owner or lessor, with whom the tenant shares the dwelling unit or access to a common kitchen or bathroom area, has served a 20-day notice to quit or vacate prior to the end of the rental term or, if a periodic tenancy, the end of the rental period;

    10. The tenant continues in possession of a dwelling unit in transitional housing after having received a 30-day notice to vacate in advance of the expiration of the program, the tenant has aged out of the program, or the tenant has completed an educational or training or service program and is no longer eligible to participate. Nothing in this subsection (2)(j) shall be construed to prohibit the termination of a tenancy in transitional housing for any of the other causes specified in this subsection;

    11. In cases where the tenant resides in subsidized housing, the tenant continues in possession after the expiration of a rental agreement without signing a proposed new rental agreement proffered by the landlord; provided, that the landlord proffered the proposed new rental agreement at least 30 days and no more than 90 days prior to the expiration of the current rental agreement and that any new terms and conditions of the proposed new rental agreement are reasonable. This subsection (2)(k) shall not apply to tenants whose tenancies are or have become periodic;

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      1. The tenant continues in possession after having received a 30-day notice to quit due to intentional, knowing, and material misrepresentations or omissions made on the tenant's application at the inception of the tenancy that, had these misrepresentations or omissions not been made, would have resulted in the landlord requesting additional information or taking an adverse action. Except as provided in (l)(ii) of this subsection, the 30-day notice must be served on the tenant within the first 60 days of the initiation of the tenancy;

      2. The landlord may seek termination under this subsection (2)(l) at any time during the tenancy if the misrepresentation makes the tenant ineligible for subsidized housing as defined in this chapter.

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    1. Where a tenant has permanently vacated due to voluntary or involuntary events, other than by termination by the landlord, any remaining occupants who had coresided with the tenant prior to and up to the time the tenant permanently vacated must immediately apply or reapply as a prospective tenant in order to continue to reside in the dwelling unit and must meet the same screening, background, and financial criteria as would any other prospective tenant in order to continue the tenancy on the same terms and conditions as the vacating tenant. In the event that the occupant fails to apply within 90 days of when the primary tenant vacates or the application is denied for failure to meet the criteria, the landlord may commence an unlawful detainer action under this chapter. Where an occupant succeeds to the tenancy pursuant to this subsection (3)(a), a landlord may not terminate the tenancy except as provided under subsection (2) of this section.

    2. This subsection (3) does not apply to tenants residing in subsidized housing.

  4. A landlord who removes a tenant or causes a tenant to be removed from a dwelling in any way in violation of this section is liable to the tenant for wrongful eviction, and the tenant prevailing in such an action is entitled to the greater of their economic and noneconomic damages or four and one-half times the monthly rent of the dwelling at issue, and reasonable attorneys' fees and costs.

  5. Nothing in subsection (2)(d), (e), or (f) of this section permits a landlord to terminate a term tenancy for a specified time before the completion of the term unless the landlord and the tenant mutually consent, in writing, to early termination and the tenant is afforded at least 60 days to vacate.

  6. All written notices required under subsection (2) of this section must:

    1. Be served in a manner consistent with RCW 59.12.040; and

    2. Identify the facts and circumstances known and available to the landlord at the time of the issuance of the notice that support the cause or causes with enough specificity so as to enable the tenant to respond and prepare a defense to any incidents alleged. The landlord shall be allowed to present additional facts and circumstances regarding the allegations within the notice where such evidence was unknown or unavailable at the time of the issuance of the notice.

Section 4

This section modifies existing section 59.18.220. Here is the modified chapter for context.

  1. Except as limited by section 2 of this act, in cases where premises are rented for a specified time, by express or implied contract, the tenancy shall be deemed terminated at the end of such specified time upon notice consistent with section 2 of this act, served in a manner consistent with RCW 59.12.040.

  2. Any tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant's spouse or dependent, may terminate a tenancy for a specified time if the tenant receives permanent change of station or deployment orders. Before terminating the tenancy, the tenant, or that tenant's spouse or dependent, shall provide written notice of 20 days or more to the landlord, which notice shall include a copy of the official military orders or a signed letter from the service member's commanding officer confirming any of the following criteria are met:

    1. The service member is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises;

    2. The service member is prematurely or involuntarily discharged or released from active duty;

    3. The service member is released from active duty after having leased the rental premises while on active duty status and the rental premises is 35 miles or more from the service member's home of record prior to entering active duty;

    4. After entering into a rental agreement, the commanding officer directs the service member to move into government provided housing;

    5. The service member receives temporary duty orders, temporary change of station orders, or active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period not less than 90 days; or

    6. The service member has leased the property, but prior to taking possession of the rental premises, receives change of station orders to an area that is 35 miles or more from the location of the rental premises.

Section 6

This section modifies existing section 59.12.030. Here is the modified chapter for context.

Except as limited by section 2 of this act relating to tenancies under chapter 59.18 RCW, a tenant of real property for a term less than life is liable for unlawful detainer either:

  1. When he or she holds over or continues in possession, in person or by subtenant, of the property or any part thereof after the expiration of the term for which it is let to him or her. When real property is leased for a specified term or period by express or implied contract, whether written or oral, the tenancy shall be terminated without notice at the expiration of the specified term or period;

  2. When he or she, having leased property for an indefinite time with monthly or other periodic rent reserved, continues in possession thereof, in person or by subtenant, after the end of any such month or period, when the landlord, more than 20 days prior to the end of such month or period, has served notice (in manner in RCW 59.12.040 provided) requiring him or her to quit the premises at the expiration of such month or period;

  3. When he or she continues in possession in person or by subtenant after a default in the payment of rent, and after notice in writing requiring in the alternative the payment of the rent or the surrender of the detained premises, served (in manner in RCW 59.12.040 provided) on behalf of the person entitled to the rent upon the person owing it, has remained uncomplied with for the period of three days after service, or for the period of 14 days after service for tenancies under chapter 59.18 RCW. The notice may be served at any time after the rent becomes due. For the purposes of this subsection and as applied to tenancies under chapter 59.18 RCW, "rent" has the same meaning as defined in RCW 59.18.030;

  4. When he or she continues in possession in person or by subtenant after a neglect or failure to keep or perform any condition or covenant of the lease or agreement under which the property is held, including any covenant not to assign or sublet, other than one for the payment of rent, and after notice in writing requiring in the alternative the performance of such condition or covenant or the surrender of the property, served (in manner in RCW 59.12.040 provided) upon him or her, and if there is a subtenant in actual possession of the premises, also upon such subtenant, shall remain uncomplied with for 10 days after service thereof. Within 10 days after the service of such notice the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform such condition or covenant and thereby save the lease from such forfeiture. For the purposes of this subsection and as applied to tenancies under chapter 59.18 RCW, "rent" has the same meaning as defined in RCW 59.18.030;

  5. When he or she commits or permits waste upon the demised premises, or when he or she sets up or carries on thereon any unlawful business, or when he or she erects, suffers, permits, or maintains on or about the premises any nuisance, and remains in possession after the service (in manner in RCW 59.12.040 provided) upon him or her of three days' notice to quit;

  6. A person who, without the permission of the owner and without having color of title thereto, enters upon land of another and who fails or refuses to remove therefrom after three days' notice, in writing and served upon him or her in the manner provided in RCW 59.12.040. Such person may also be subject to the criminal provisions of chapter 9A.52 RCW; or

  7. When he or she commits or permits any gang-related activity at the premises as prohibited by RCW 59.18.130.


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