wa-law.org > bill > 2025-26 > HB 1915 > Original Bill
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A landlord may not evict a tenant, refuse to continue a tenancy, or end a periodic tenancy except for the causes enumerated in subsection (2) of this section and as otherwise provided in this subsection.
If a landlord and tenant enter into a rental agreement that provides for the tenancy to continue for an indefinite period on a month-to-month or periodic basis after the agreement expires, the landlord may not end the tenancy except for the causes enumerated in subsection (2) of this section; however, a landlord may end such a tenancy at the end of the initial period of the rental agreement without cause only if:
At the inception of the tenancy, the landlord and tenant entered into a rental agreement between six and 12 months; and
The landlord has provided the tenant before the end of the initial lease period at least 60 days' advance written notice ending the tenancy, served in a manner consistent with RCW 59.12.040.
If a landlord and tenant enter into a rental agreement for a specified period in which the tenancy by the terms of the rental agreement does not continue for an indefinite period on a month-to-month or periodic basis after the end of the specified period, the landlord may end such a tenancy without cause upon expiration of the specified period only if:
At the inception of the tenancy, the landlord and tenant entered into a rental agreement of 12 months or more for a specified period, or the landlord and tenant have continuously and without interruption entered into successive rental agreements of six months or more for a specified period since the inception of the tenancy;
The landlord has provided the tenant before the end of the specified period at least 60 days' advance written notice that the tenancy will be deemed expired at the end of such specified period, served in a manner consistent with RCW 59.12.040; and
The tenancy has not been for an indefinite period on a month-to-month or periodic basis at any point since the inception of the tenancy.
For all other tenancies of a specified period not covered under (b) or (c) of this subsection, and for tenancies of an indefinite period on a month-to-month or periodic basis, a landlord may not end the tenancy except for the causes enumerated in subsection (2) of this section. Upon the end date of the tenancy of a specified period, the tenancy becomes a month-to-month tenancy.
Nothing prohibits a landlord and tenant from entering into subsequent lease agreements that are in compliance with the requirements in subsection (2) of this section.
A tenant may end 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. A tenant may rescind such notice at any time prior to vacating the premises.
The following reasons listed in this subsection constitute cause pursuant to subsection (1) of this section. The tenant continues in possession:
(i) After service of at least 14 days' written notice to pay or vacate as set forth in RCW 59.12.030(3), and after a default in the payment of rent. The written notice must require, in the alternative, the payment of the rent or the surrender of the detained premises . The written notice may be served at any time after the rent becomes due;
Notwithstanding the 14-day notice period set forth in RCW 59.12.030(3), a landlord must provide a tenant in a covered dwelling unit with at least 30 days' advance written notice to vacate for evictions stemming from nonpayment of rent;
For the purposes of this subsection, "covered dwelling unit" means a property that:
(A) Participates in a covered housing program as defined in section 41411(a) of the violence against women act of 1994, 34 U.S.C. Sec. 12491(a), or the rural housing voucher program under section 542 of the housing act of 1949, 42 U.S.C. Sec. 1490r; or
(B) Has a federally backed mortgage loan, or federally backed multifamily mortgage loan;
iv. It is an affirmative defense to an unlawful detainer action brought under this subsection (2)(a) for nonpayment of rent that the tenant's default in the payment of rent was due to the landlord's failure to maintain the condition of the dwelling unit as required by RCW 59.18.060 or any other section of this chapter, the common law doctrine of the implied warranty of habitability, or local ordinances;
v. In any action where a tenant prevails on an affirmative defense provided in this subsection, the court may award the tenant with damages up to and including an amount equal to:
(A) Damages in the amount of a dollar value that the court assigns to the violation, which may include the value of rent and other economic value that the tenant may prove, fees, or other costs paid by the tenant; and
(B) Reasonable attorneys' fees and costs;
vi. Any right of the tenant to seek relief through another legal action is not waived by raising an affirmative defense or receiving an award of damages under this subsection (2)(a);
b. After service of at least 10 days' written notice to comply or vacate, and 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. The written notice must specify the acts or omissions constituting the breach, including the relevant date and time of the breach and the identities of the individuals involved, and require, in the alternative, that the breach be adequately remedied by the date specified in the notice, or the rental agreement will end;
c. After service of at least three days' written notice to quit, and after committing or permitting 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;
d.After service of at least 90 days' written notice to vacate, and 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. 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 to vacate using this subsection (2)(d) as the cause for the lease ending;
e. After service of at least 90 days' written notice to vacate, and after the owner elects to sell a single-family residence . 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:
i. 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
ii. 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, the landlord rents the unit to someone other than the former tenant, or the landlord otherwise indicates that the owner does not intend to sell the unit;
f. After service of at least 120 days' written notice to vacate pursuant to RCW 59.18.200(2)(c), and after a landlord plans to demolish or substantially rehabilitate the premises, or plans a change of use of the premises;
g. After service of at least 120 days' written notice to vacate pursuant to RCW 64.34.440 or 64.90.655, and after the owner elects to withdraw the premises from the rental market to pursue a conversion of the building to a condominium or other form of common interest ownership pursuant to RCW 64.34.440 or 64.90.655;
h. After service of at least 30 days' written notice to vacate, and after: (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 at least 30 days' advance written notice, the landlord must provide as much advance written notice as is possible and still comply with the order;
i. After written notice to vacate is served at least 20 days before the end of the rental term or period, when the tenant shares the dwelling unit or access to a common kitchen or bathroom areawith an owner;
j. After written notice to vacate is served at least 30 days before the expiration of the transitional housing program, the tenant has aged out of the transitional housing program, or the tenant has completed an educational or training or service program and is no longer eligible to participate in the transitional housing program. Nothing in this subsection (2)(j) prohibits the ending of a tenancy in transitional housing for any of the other causes specified in this subsection;
k. 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 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) does not apply to tenants whose tenancies are or have become periodic;
l. After service of at least 30 days' written notice to vacate, and after the tenant made intentional, knowing, and material misrepresentations or omissions 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;
m. After written notice to vacate is served at least 60 days before the end of the rental term or period, and the landlord has good cause for eviction which constitutes a legitimate economic or business reason not covered or related to a basis for ending the lease as enumerated under this subsection (2). When the landlord relies on this basis for ending the tenancy, the court may stay any writ of restitution for up to 60 additional days for good cause shown, including difficulty procuring alternative housing. The court must condition such a stay upon the tenant's continued payment of rent during the stay period. Upon granting such a stay, the court must award court costs and fees as allowed under this chapter;
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i. After written notice to vacate is served at least 60 days before the end of the rental term or period, and the tenant has committed four or more of the following violations, other than ones for monetary damages, within the preceding 12-month period, the tenant has remedied or cured the violation, and the landlord has provided the tenant a written warning notice at the time of each violation: A substantial breach of a material program requirement of subsidized housing, a substantial breach of a material term subscribed to by the tenant within the lease or rental agreement, or a substantial breach of a tenant obligation imposed by law;
ii. Each written warning notice must:
(A) Specify the violation, including the relevant date and time of the violation and the identities of the individuals involved;
(B) Provide the tenant an opportunity to cure the violation;
(C) State that the landlord may choose to end the tenancy at the end of the rental term if there are four violations within a 12-month period preceding the end of the term; and
(D) State that correcting the fourth or subsequent violation is not a defense to the ending of the lease under this subsection;
iii. The 60-day notice to vacate must:
(A) State that the rental agreement will end upon the specified ending date for the rental term or upon a designated date not less than 60 days after the delivery of the notice, whichever is later;
(B) Specify the reason for ending the lease and supporting facts; and
(C) Be served to the tenant concurrent with or after the fourth or subsequent written warning notice;
iv. The notice under this subsection must include all notices supporting the basis of ending the lease;
v. Any notices asserted under this subsection must pertain to four or more separate incidents or occurrences; and
vi. This subsection (2)(n) does not absolve a landlord from demonstrating by admissible evidence that the four or more violations constituted breaches under (b) of this subsection at the time of the violation had the tenant not remedied or cured the violation. A landlord must prove the violations alleged under each of the notices;
o. After written notice to vacate is served at least 60 days before the end of the rental term or period, and after the tenant is required to register as a sex offender during the tenancy, or after the tenant failed to disclose a requirement to register as a sex offender to the property owner at the beginning of the tenancy when such disclosure was required in the rental application or otherwise known ;
p. After written notice to vacate is served at least 20 days before the end of the rental term or period, and after the tenant has made unwanted sexual advances or other acts of sexual harassment directed at the property owner, property manager, property employee, or another tenant based on the person's race, gender, or other protected status in violation of any covenant or term in the lease. For the purposes of this subsection, "unlawful harassment" has the same meaning as in RCW 7.105.010.
When a tenant has permanently vacated due to voluntary or involuntary events, other than by the ending of the tenancy by the landlord, a landlord must serve a notice to any remaining occupants who had coresided with the tenant at least six months prior to and up to the time the tenant permanently vacated, requiring the occupants to either apply to become a party to the rental agreement or vacate within 30 days of service of such notice. In processing any application from a remaining occupant under this subsection, the landlord may require the occupant to meet the same screening, background, and financial criteria as would any other prospective tenant to continue the tenancy. If the occupant fails to apply within 30 days of receipt of the notice in this subsection, or the application is denied for failure to meet the criteria, the landlord may commence an unlawful detainer action under this chapter. If an occupant becomes a party to the tenancy pursuant to this subsection, a landlord may not end the tenancy except as provided under subsection (2) of this section. This subsection does not apply to tenants residing in subsidized housing.
A landlord who removes a tenant or causes a tenant to be removed from a dwelling in any way in violation of this section, or attempts to remove a tenant from a dwelling in any way in violation of this section, is liable to the tenant for wrongful eviction, or for attempted wrongful eviction, and the tenant prevailing in such an action is entitled to the greater of their economic and noneconomic damages or three times the monthly rent of the dwelling at issue, or any other relief the court deems appropriate, and reasonable attorneys' fees and court costs. In determining attempts to wrongfully evict, the court may consider the following enumerated factors: Threats to terminate utilities; acts of terminating utilities; a predatory rent increase; threats or acts of harm or violence to the tenant or tenant's family, pets, or belongings; coercive words or actions; and any other facts brought before the court.
Nothing in subsection (2)(d), (e), or (f) of this section permits a landlord to end a tenancy for a specified period before the completion of the term unless the landlord and the tenant mutually consent, in writing, to ending the tenancy early and the tenant is afforded at least 60 days to vacate.
All written notices required under subsection (2) of this section must:
Be served in a manner consistent with RCW 59.12.040; and
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 may present additional facts and circumstances regarding the allegations within the notice if such evidence was unknown or unavailable at the time of the issuance of the notice.
It is an affirmative defense to any unlawful detainer action brought for a cause listed under subsection (2) of this section that the landlord failed to provide reasonable accommodations for the tenant's disability as required by federal or state law.
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A landlord may not evict a tenant, refuse to continue a tenancy, or end a periodic tenancy except for the causes enumerated in subsection (2) of this section and as otherwise provided in this subsection.
If a landlord and tenant enter into a rental agreement that provides for the tenancy to continue for an indefinite period on a month-to-month or periodic basis after the agreement expires, the landlord may not end the tenancy except for the causes enumerated in subsection (2) of this section; however, a landlord may end such a tenancy at the end of the initial period of the rental agreement without cause only if:
At the inception of the tenancy, the landlord and tenant entered into a rental agreement between six and 12 months; and
The landlord has provided the tenant before the end of the initial lease period at least 60 days' advance written notice ending the tenancy, served in a manner consistent with RCW 59.12.040.
If a landlord and tenant enter into a rental agreement for a specified period in which the tenancy by the terms of the rental agreement does not continue for an indefinite period on a month-to-month or periodic basis after the end of the specified period, the landlord may end such a tenancy without cause upon expiration of the specified period only if:
At the inception of the tenancy, the landlord and tenant entered into a rental agreement of 12 months or more for a specified period, or the landlord and tenant have continuously and without interruption entered into successive rental agreements of six months or more for a specified period since the inception of the tenancy;
The landlord has provided the tenant before the end of the specified period at least 60 days' advance written notice that the tenancy will be deemed expired at the end of such specified period, served in a manner consistent with RCW 59.12.040; and
The tenancy has not been for an indefinite period on a month-to-month or periodic basis at any point since the inception of the tenancy.
For all other tenancies of a specified period not covered under (b) or (c) of this subsection, and for tenancies of an indefinite period on a month-to-month or periodic basis, a landlord may not end the tenancy except for the causes enumerated in subsection (2) of this section. Upon the end date of the tenancy of a specified period, the tenancy becomes a month-to-month tenancy.
Nothing prohibits a landlord and tenant from entering into subsequent lease agreements that are in compliance with the requirements in subsection (2) of this section.
A tenant may end 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. A tenant may rescind such notice at any time prior to vacating the premises.
The following reasons listed in this subsection constitute cause pursuant to subsection (1) of this section. The tenant continues in possession:
(i) After service of at least 14 days' written notice to pay or vacate as set forth in RCW 59.12.030(3), and after a default in the payment of rent. The written notice must require, in the alternative, the payment of the rent or the surrender of the detained premises . The written notice may be served at any time after the rent becomes due;
Notwithstanding the 14-day notice period set forth in RCW 59.12.030(3), a landlord must provide a tenant in a covered dwelling unit with at least 30 days' advance written notice to vacate for evictions stemming from nonpayment of rent;
For the purposes of this subsection, "covered dwelling unit" means a property that:
(A) Participates in a covered housing program as defined in section 41411(a) of the violence against women act of 1994, 34 U.S.C. Sec. 12491(a), or the rural housing voucher program under section 542 of the housing act of 1949, 42 U.S.C. Sec. 1490r; or
(B) Has a federally backed mortgage loan, or federally backed multifamily mortgage loan;
iv. It is an affirmative defense to an unlawful detainer action brought under this subsection (2)(a) for nonpayment of rent that the tenant's default in the payment of rent was due to the landlord's failure to maintain the condition of the dwelling unit as required by RCW 59.18.060 or any other section of this chapter, the common law doctrine of the implied warranty of habitability, or local ordinances;
v. In any action where a tenant prevails on an affirmative defense provided in this subsection, the court may award the tenant with damages up to and including an amount equal to:
(A) Damages in the amount of a dollar value that the court assigns to the violation, which may include the value of rent and other economic value that the tenant may prove, fees, or other costs paid by the tenant; and
(B) Reasonable attorneys' fees and costs;
vi. Any right of the tenant to seek relief through another legal action is not waived by raising an affirmative defense or receiving an award of damages under this subsection (2)(a);
b. After service of at least 10 days' written notice to comply or vacate, and 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. The written notice must specify the acts or omissions constituting the breach, including the relevant date and time of the breach and the identities of the individuals involved, and require, in the alternative, that the breach be adequately remedied by the date specified in the notice, or the rental agreement will end;
c. After service of at least three days' written notice to quit, and after committing or permitting 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;
d. After service of at least 90 days' written notice to vacate, and 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. 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 to vacate using this subsection (2)(d) as the cause for the lease ending;
e. After service of at least 90 days' written notice to vacate, and after the owner elects to sell a single-family residence . 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:
i. 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
ii. 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, the landlord rents the unit to someone other than the former tenant, or the landlord otherwise indicates that the owner does not intend to sell the unit;
f. After service of at least 120 days' written notice to vacate pursuant to RCW 59.18.200(2)(c), and after a landlord plans to demolish or substantially rehabilitate the premises, or plans a change of use of the premises;
g. After service of at least 120 days' written notice to vacate pursuant to RCW 64.90.655, and after the owner elects to withdraw the premises from the rental market to pursue a conversion of the building to a condominium or other form of common interest ownership pursuant to RCW 64.90.655;
h. After service of at least 30 days' written notice to vacate, and after: (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 at least 30 days' advance written notice, the landlord must provide as much advance written notice as is possible and still comply with the order;
i. After written notice to vacate is served at least 20 days before the end of the rental term or period, when the tenant shares the dwelling unit or access to a common kitchen or bathroom areawith an owner;
j. After written notice to vacate is served at least 30 days before the expiration of the transitional housing program, the tenant has aged out of the transitional housing program, or the tenant has completed an educational or training or service program and is no longer eligible to participate in the transitional housing program. Nothing in this subsection (2)(j) prohibits the ending of a tenancy in transitional housing for any of the other causes specified in this subsection;
k. 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 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) does not apply to tenants whose tenancies are or have become periodic;
l. After service of at least 30 days' written notice to vacate, and after the tenant made intentional, knowing, and material misrepresentations or omissions 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;
m. After written notice to vacate is served at least 60 days before the end of the rental term or period, and the landlord has good cause for eviction which constitutes a legitimate economic or business reason not covered or related to a basis for ending the lease as enumerated under this subsection (2). When the landlord relies on this basis for ending the tenancy, the court may stay any writ of restitution for up to 60 additional days for good cause shown, including difficulty procuring alternative housing. The court must condition such a stay upon the tenant's continued payment of rent during the stay period. Upon granting such a stay, the court must award court costs and fees as allowed under this chapter;
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i. After written notice to vacate is served at least 60 days before the end of the rental term or period, and the tenant has committed four or more of the following violations, other than ones for monetary damages, within the preceding 12-month period, the tenant has remedied or cured the violation, and the landlord has provided the tenant a written warning notice at the time of each violation: A substantial breach of a material program requirement of subsidized housing, a substantial breach of a material term subscribed to by the tenant within the lease or rental agreement, or a substantial breach of a tenant obligation imposed by law;
ii. Each written warning notice must:
(A) Specify the violation, including the relevant date and time of the violation and the identities of the individuals involved;
(B) Provide the tenant an opportunity to cure the violation;
(C) State that the landlord may choose to end the tenancy at the end of the rental term if there are four violations within a 12-month period preceding the end of the term; and
(D) State that correcting the fourth or subsequent violation is not a defense to the ending of the lease under this subsection;
iii. The 60-day notice to vacate must:
(A) State that the rental agreement will end upon the specified ending date for the rental term or upon a designated date not less than 60 days after the delivery of the notice, whichever is later;
(B) Specify the reason for ending the lease and supporting facts; and
(C) Be served to the tenant concurrent with or after the fourth or subsequent written warning notice;
iv. The notice under this subsection must include all notices supporting the basis of ending the lease;
v. Any notices asserted under this subsection must pertain to four or more separate incidents or occurrences; and
vi. This subsection (2)(n) does not absolve a landlord from demonstrating by admissible evidence that the four or more violations constituted breaches under (b) of this subsection at the time of the violation had the tenant not remedied or cured the violation. A landlord must prove the violations alleged under each of the notices;
o. After written notice to vacate is served at least 60 days before the end of the rental term or period, and after the tenant is required to register as a sex offender during the tenancy, or after the tenant failed to disclose a requirement to register as a sex offender to the property owner at the beginning of the tenancy when such disclosure was required in the rental application or otherwise known ;
p. After written notice to vacate is served at least 20 days before the end of the rental term or period, and after the tenant has made unwanted sexual advances or other acts of sexual harassment directed at the property owner, property manager, property employee, or another tenant based on the person's race, gender, or other protected status in violation of any covenant or term in the lease. For the purposes of this subsection, "unlawful harassment" has the same meaning as in RCW 7.105.010.
When a tenant has permanently vacated due to voluntary or involuntary events, other than by the ending of the tenancy by the landlord, a landlord must serve a notice to any remaining occupants who had coresided with the tenant at least six months prior to and up to the time the tenant permanently vacated, requiring the occupants to either apply to become a party to the rental agreement or vacate within 30 days of service of such notice. In processing any application from a remaining occupant under this subsection, the landlord may require the occupant to meet the same screening, background, and financial criteria as would any other prospective tenant to continue the tenancy. If the occupant fails to apply within 30 days of receipt of the notice in this subsection, or the application is denied for failure to meet the criteria, the landlord may commence an unlawful detainer action under this chapter. If an occupant becomes a party to the tenancy pursuant to this subsection, a landlord may not end the tenancy except as provided under subsection (2) of this section. This subsection does not apply to tenants residing in subsidized housing.
A landlord who removes a tenant or causes a tenant to be removed from a dwelling in any way in violation of this section, or attempts to remove a tenant from a dwelling in any way in violation of this section, is liable to the tenant for wrongful eviction, or for attempted wrongful eviction, and the tenant prevailing in such an action is entitled to the greater of their economic and noneconomic damages or three times the monthly rent of the dwelling at issue, or any other relief the court deems appropriate and reasonable attorneys' fees and court costs. In determining attempts to wrongfully evict, the court may consider the following enumerated factors: Threats to terminate utilities; acts of terminating utilities; a predatory rent increase; threats or acts of harm or violence to the tenant or tenant's family, pets, or belongings; coercive words or actions; and any other facts brought before the court.
Nothing in subsection (2)(d), (e), or (f) of this section permits a landlord to end a tenancy for a specified period before the completion of the term unless the landlord and the tenant mutually consent, in writing, to ending the tenancy early and the tenant is afforded at least 60 days to vacate.
All written notices required under subsection (2) of this section must:
Be served in a manner consistent with RCW 59.12.040; and
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 may present additional facts and circumstances regarding the allegations within the notice if such evidence was unknown or unavailable at the time of the issuance of the notice.
It is an affirmative defense to any unlawful detainer action brought for a cause listed under subsection (2) of this section that the landlord failed to provide reasonable accommodations for the tenant's disability as required by federal or state law.
A landlord shall not terminate or fail to renew a tenancy of a tenant or the occupancy of an occupant, of whatever duration except for one or more of the following reasons:
In accordance with RCW 59.20.045(6), substantial violation, or repeated or periodic violations, of an enforceable rule of the mobile home park as established by the landlord at the inception of or during the tenancy or for violation of the tenant's duties as provided in RCW 59.20.140. The tenant shall be given written notice to cease the rule violation immediately. The notice shall state that failure to cease the violation of the rule or any subsequent violation of that or any other rule shall result in termination of the tenancy, and that the tenant shall vacate the premises within 20 days: PROVIDED, That for a periodic violation the notice shall also specify that repetition of the same violation shall result in termination: PROVIDED FURTHER, That in the case of a violation of a "material change" in park rules with respect to pets, tenants with minor children living with them, or recreational facilities, the tenant shall be given written notice under this chapter of a six month period in which to comply or vacate;
Nonpayment of rent or other charges specified in the rental agreement, upon 14 days written notice to pay rent and/or other charges or to vacate;
Conviction of the tenant of a crime, commission of which threatens the health, safety, or welfare of the other mobile home park tenants. The tenant shall be given written notice of a 15-day period in which to vacate;
Failure of the tenant to comply with local ordinances and state laws and regulations relating to mobile homes, manufactured homes, or park models or mobile home, manufactured homes, or park model living within a reasonable time after the tenant's receipt of notice of such noncompliance from the appropriate governmental agency;
Change of land use of the mobile home park including, but not limited to, closure of the mobile home park or conversion to a use other than for mobile homes, manufactured homes, or park models or conversion of the mobile home park to a mobile home park cooperative or mobile home park subdivision. The landlord shall give the tenants two years' notice, in the form of a closure notice meeting the requirements of RCW 59.21.030, in advance of the effective date of such change. The two-year closure notice requirement does not apply if:
The mobile home park or manufactured housing community has been acquired for or is under imminent threat of condemnation;
The mobile home park or manufactured housing community is sold or transferred to a county in order to reduce conflicting residential uses near a military installation;
The mobile home park or manufactured housing community is sold to an eligible organization;
The landlord provides relocation assistance of at least $15,000 for a multisection home or of at least $10,000 for a single section home, establishes a simple, straightforward, and timely process for compensating the tenants for the loss of their homes and actually compensates the tenants for the loss of their homes, at the greater of 50 percent of their assessed market value in the tax year prior to the notice of closure being issued, or $5,000, at any point during the closure notice period and prior to a change of use or sale of the property. At such time as the compensation is paid, the tenant shall be given written notice of at least 12 months in which to vacate that includes department of commerce contact information, as provided by the department of commerce, identifying financial and technical assistance programs available to support eligible tenant relocation activities, and the tenant shall continue to pay rent for as much time as he or she remains in the mobile home park or manufactured housing community. Nothing in this subsection (1)(e)(iv) prevents a tenant from relocating his or her home out of the mobile home park or manufactured housing community pursuant to chapter 59.21 RCW. In the event that a home remains in the mobile home park or manufactured housing community after a tenant vacates, the landlord shall be responsible for its demolition or disposal. A landlord is still eligible for demolition and disposal costs pursuant to RCW 59.21.021. Homeowners who receive payments or financial assistance from landlords as described in this subsection (1)(e)(iv) remain eligible to receive other state assistance for which they may be eligible including, but not limited to, relocation assistance funds pursuant to RCW 59.21.021; or
The landlord provides relocation assistance of at least $15,000 for a multisection home and of at least $10,000 for a single section home at any point during the closure notice period and prior to a change of use or sale of the property. At such time as the assistance is paid, the tenant shall be given written notice of at least 18 months in which to vacate that includes department of commerce contact information, as provided by the department of commerce, identifying financial and technical assistance programs available to support eligible tenant relocation activities, and the tenant shall continue to pay rent for as much time as he or she remains in the mobile home park or manufactured housing community. Nothing in this subsection (1)(e)(v) prevents a tenant from relocating his or her home out of the mobile home park or manufactured housing community pursuant to chapter 59.21 RCW. In the event that a home remains in the mobile home park or manufactured housing community after a tenant vacates, the landlord shall be responsible for its demolition or disposal. A landlord is still eligible for demolition and disposal costs pursuant to RCW 59.21.021. Homeowners who receive payments or financial assistance from landlords as described in this subsection (1)(e)(v) remain eligible to receive other state assistance for which they may be eligible including, but not limited to, relocation assistance funds pursuant to RCW 59.21.021;
Engaging in "criminal activity." "Criminal activity" means a criminal act defined by statute or ordinance that threatens the health, safety, or welfare of the tenants. A park owner seeking to evict a tenant or occupant under this subsection need not produce evidence of a criminal conviction, even if the alleged misconduct constitutes a criminal offense. Notice from a law enforcement agency of criminal activity constitutes sufficient grounds, but not the only grounds, for an eviction under this subsection. Notification of the seizure of illegal drugs under RCW 59.20.155 is evidence of criminal activity and is grounds for an eviction under this subsection. The requirement that any tenant or occupant register as a sex offender under RCW 9A.44.130 is grounds for eviction of the sex offender under this subsection. If criminal activity is alleged to be a basis of termination, the park owner may proceed directly to an unlawful detainer action;
The tenant's application for tenancy contained a material misstatement that induced the park owner to approve the tenant as a resident of the park, and the park owner discovers and acts upon the misstatement within one year of the time the resident began paying rent;
If the landlord serves a tenant three 20-day notices, each of which was valid under (a) of this subsection at the time of service, within a 12-month period to comply or vacate for failure to comply with the material terms of the rental agreement or an enforceable park rule, other than failure to pay rent by the due date. The applicable 12-month period shall commence on the date of the first violation;
The tenant engages in disorderly or substantially annoying conduct upon the park premises that results in the destruction of the rights of others to the peaceful enjoyment and use of the premises. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within 15 days;
The tenant creates a nuisance that materially affects the health, safety, and welfare of other park residents. The landlord shall give the tenant written notice to cease the conduct that constitutes a nuisance immediately. The notice must describe the nuisance and state (i) what the tenant must do to cease the nuisance and (ii) that failure to cease the conduct will result in termination of the tenancy and that the tenant shall vacate the premises in five days;
Any other substantial just cause that materially affects the health, safety, and welfare of other park residents. The landlord shall give the tenant written notice to comply immediately. The notice must describe the harm caused by the tenant, describe what the tenant must do to comply and to discontinue the harm, and state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within 15 days; or
Failure to pay rent by the due date provided for in the rental agreement three or more times in a 12-month period, commencing with the date of the first violation, after service of a 14-day notice to comply or vacate.
Within five days of a notice of eviction as required by subsection (1)(a) of this section, the landlord and tenant shall submit any dispute to mediation. The parties may agree in writing to mediation by an independent third party or through industry mediation procedures. If the parties cannot agree, then mediation shall be through industry mediation procedures. A duty is imposed upon both parties to participate in the mediation process in good faith for a period of 10 days for an eviction under subsection (1)(a) of this section. It is a defense to an eviction under subsection (1)(a) of this section that a landlord did not participate in the mediation process in good faith.
Except for a tenant evicted under subsection (1)(c) or (f) of this section, a tenant evicted from a mobile home park under this section shall be allowed 120 days within which to sell the tenant's mobile home, manufactured home, or park model in place within the mobile home park: PROVIDED, That the tenant remains current in the payment of rent incurred after eviction, and pays any past due rent, reasonable attorneys' fees and court costs at the time the rental agreement is assigned. The provisions of RCW 59.20.073 regarding transfer of rental agreements apply.
Chapters 59.12 and 59.18 RCW govern the eviction of recreational vehicles, as defined in RCW 59.20.030, from mobile home parks. This chapter governs the eviction of mobile homes, manufactured homes, park models, and recreational vehicles used as a primary residence from a mobile home park.
It is an affirmative defense to any unlawful detainer action brought for a cause listed under subsection (1) of this section that the landlord failed to provide reasonable accommodations for the tenant's disability as required by federal or state law.
If at trial the verdict of the jury or, if the case is tried without a jury, the finding of the court is in favor of the landlord and against the tenant, judgment shall be entered for the restitution of the premises; and if the proceeding is for unlawful detainer after neglect or failure to perform any condition or covenant of a lease or agreement under which the property is held, or after default in the payment of rent, the judgment shall also declare the forfeiture of the lease, agreement, or tenancy. The jury, or the court, if the proceedings are tried without a jury, shall also assess the damages arising out of the tenancy occasioned to the landlord by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved at trial, and, if the alleged unlawful detainer is based on default in the payment of rent, find the amount of any rent due, and the judgment shall be rendered against the tenant liable for the forcible entry, forcible detainer, or unlawful detainer for the amount of damages thus assessed, for the rent, if any, found due, and late fees if such fees are due under the lease and do not exceed $75 in total. The landlord is not entitled to a judgment for rent unless the basis for the unlawful detainer action was nonpayment of rent. The court may award statutory costs. The court may also award reasonable attorneys' fees as provided in RCW 59.18.290.
When the tenant is liable for unlawful detainer after a default in the payment of rent, execution upon the judgment shall not occur until the expiration of five court days after the entry of the judgment. Before entry of a judgment or until five court days have expired after entry of the judgment, unless the tenant provides a pledge of financial assistance letter from a government or nonprofit entity, in which case the tenant has until the date of eviction, the tenant or any subtenant, or any mortgagee of the term, or other party interested in the continuance of the tenancy, may pay into court or to the landlord the amount of the rent due, any court costs incurred at the time of payment, late fees if such fees are due under the lease and do not exceed $75 in total, and attorneys' fees if awarded, in which event any judgment entered shall be satisfied and the tenant restored to his or her tenancy. If the tenant seeks to restore his or her tenancy after entry of a judgment, the tenant may tender the amount stated within the judgment as long as that amount does not exceed the amount authorized under subsection (1) of this section. If a tenant seeks to restore his or her tenancy and pay the amount set forth in this subsection with funds acquired through an emergency rental assistance program provided by a governmental or nonprofit entity, the tenant shall provide a copy of the pledge of emergency rental assistance provided from the appropriate governmental or nonprofit entity and have an opportunity to exercise such rights under this subsection, which may include a stay of judgment and provision by the landlord of documentation necessary for processing the assistance. The landlord shall accept any pledge of emergency rental assistance funds provided to the tenant from a governmental or nonprofit entity before the expiration of any pay or vacate notice for nonpayment of rent for the full amount of the rent owing under the rental agreement. The landlord shall accept any written pledge of emergency rental assistance funds provided to the tenant from a governmental or nonprofit entity after the expiration of the pay or vacate notice if the pledge will contribute to the total payment of both the amount of rent due, including any current rent, and other amounts if required under this subsection. The landlord shall suspend any court action for 14 court days after providing necessary payment information to the nonprofit or governmental entity to allow for payment of the emergency rental assistance funds. A governmental or nonprofit entity administering emergency rental assistance funds may not require a landlord to accept any conditions that conflict with this chapter in order to receive the emergency rental assistance funds. If a judgment has been satisfied, the landlord shall file a satisfaction of judgment with the court. A tenant seeking to exercise rights under this subsection shall pay an additional $50 for each time the tenant was reinstated after judgment pursuant to this subsection within the previous 12 months prior to payment. If payment of the amount specified in this subsection is not made within five court days after the entry of the judgment, the judgment may be enforced for its full amount and for the possession of the premises.
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Following the entry of a judgment in favor of the landlord and against the tenant for the restitution of the premises and forfeiture of the tenancy due to nonpayment of rent, the court, at the time of the show cause hearing or trial, or upon subsequent motion of the tenant but before the execution of the writ of restitution, may stay the writ of restitution upon good cause and on such terms that the court deems fair and just for both parties. In making this decision, the court shall consider evidence of the following factors:
The tenant's willful or intentional default or intentional failure to pay rent;
Whether nonpayment of the rent was caused by exigent circumstances that were beyond the tenant's control and that are not likely to recur;
The tenant's ability to timely pay the judgment;
The tenant's payment history;
Whether the tenant is otherwise in substantial compliance with the rental agreement;
Hardship on the tenant if evicted; and
Conduct related to other notices served within the last six months.
The burden of proof for such relief under this subsection (3) shall be on the tenant. If the tenant seeks relief pursuant to this subsection (3) at the time of the show cause hearing, the court shall hear the matter at the time of the show cause hearing or as expeditiously as possible so as to avoid unnecessary delay or hardship on the parties.
In any order issued pursuant to this subsection (3):
The court shall not stay the writ of restitution more than six months from the date of order, but may order repayment of the judgment balance within such time. The court may order a repayment plan in which the minimum monthly repayment amount is $100 per month. However, the court may grant a repayment plan with a higher monthly repayment amount, not to exceed one month's rent, as necessary to achieve repayment on the back-owed rent within six months. Following a hearing on repayment, the court shall order the issuance of a writ or the expiration of a stay if the court determines that repayment is not possible because the back-owed balance exceeds six months' rent, unless the court determines that rental assistance will be available and may satisfy the balance in a repayment period of less than six months. If the court ordered a judgment that included fees and costs, including late fees, or reserved judgment on such issues, the court shall not include such fees in the repayment plan amount. The repayment plan described in this section shall only apply to back-owed rent. If a tenant successfully repays under this section, the court shall sign an order waiving any fees and costs. If a tenant defaults on a repayment plan under this section, the court may award fees and costs, including late fees, to the landlord.
Within any payment plan ordered by the court, the court shall require the tenant to pay to the landlord or to the court one month's rent within five court days of issuance of the order. If the date of the order is on or before the 15th of the month, the tenant shall remain current with ongoing rental payments as they become due for the duration of the payment plan; if the date of the order is after the 15th of the month, the tenant shall have the option to apportion the following month's rental payment within the payment plan, but monthly rental payments thereafter shall be paid according to the rental agreement.
The sheriff may serve the writ of restitution upon the tenant before the expiration of the five court days of issuance of the order; however, the sheriff shall not execute the writ of restitution until after expiration of the five court days in order for payment to be made of one month's rent as required by (c)(ii) of this subsection. In the event payment is made as provided in (c)(ii) of this subsection for one month's rent, the court shall stay the writ of restitution ex parte without prior notice to the landlord upon the tenant filing and presenting a motion to stay with a declaration of proof of payment demonstrating full compliance with the required payment of one month's rent. Any order staying the writ of restitution under this subsection (3)(c)(iii) shall require the tenant to serve a copy of the order on the landlord by personal delivery, first-class mail, facsimile, or email if agreed to by the parties.
(A) If the tenant has satisfied (c)(ii) of this subsection by paying one month's rent within five court days, but defaults on a subsequent payment required by the court pursuant to this subsection (3)(c), the landlord may enforce the writ of restitution after serving a notice of default in accordance with RCW 59.12.040 informing the tenant that he or she has defaulted on rent due under the lease agreement or payment plan entered by the court. Upon service of the notice of default, the tenant shall have three calendar days from the date of service to vacate the premises before the sheriff may execute the writ of restitution.
(B) If the landlord serves the notice of default described under this subsection (3)(c)(iii), an additional day is not included in calculating the time before the sheriff may execute the writ of restitution. The notice of default must be in substantially the following form:
NOTICE OF DEFAULT FOR RENT AND/OR PAYMENT PLAN ORDERED BY COURT
NAME(S)
ADDRESS
CITY, STATE, ZIP
THIS IS NOTICE THAT YOU ARE IN DEFAULT OF YOUR RENT AND/OR PAYMENT PLAN ORDERED BY THE COURT. YOUR LANDLORD HAS RECEIVED THE FOLLOWING PAYMENTS:
DATE
AMOUNT
DATE
AMOUNT
DATE
AMOUNT
THE LANDLORD MAY SCHEDULE YOUR PHYSICAL EVICTION WITHIN THREE CALENDAR DAYS OF SERVICE OF THIS NOTICE. TO STOP A PHYSICAL EVICTION, YOU ARE REQUIRED TO PAY THE BALANCE OF YOUR RENT AND/OR PAYMENT PLAN IN THE AMOUNT OF $. . . . ..
PAYMENT MAY BE MADE TO THE COURT OR TO THE LANDLORD. IF YOU FAIL TO PAY THE BALANCE WITHIN THREE CALENDAR DAYS, THE LANDLORD MAY PROCEED WITH A PHYSICAL EVICTION FOR POSSESSION OF THE UNIT THAT YOU ARE RENTING.
DATE
SIGNATURE
LANDLORD/AGENT
NAME
ADDRESS
PHONE
iv. If a tenant seeks to satisfy a condition of this subsection (3)(c) by relying on an emergency rental assistance program provided by a government or nonprofit entity and provides an offer of proof, the court shall stay the writ of restitution as necessary to afford the tenant an equal opportunity to comply.
v. The court shall extend the writ of restitution as necessary to enforce the order issued pursuant to this subsection (3)(c) in the event of default.
d. A tenant who has been served with three or more notices to pay or vacate for failure to pay rent as set forth in RCW 59.12.040 within twelve months prior to the notice to pay or vacate upon which the proceeding is based may not seek relief under this subsection (3), unless the court determines any of the notices served were invalid or did not otherwise comply with the requirements of this chapter.
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i. In any application seeking relief pursuant to this subsection (3) by either the tenant or landlord, the court shall issue a finding as to whether the tenant is low-income, limited resourced, or experiencing hardship to determine if the parties would be eligible for disbursement through the landlord mitigation program account established within RCW 43.31.605(1)(b). In making this finding, the court may include an inquiry regarding the tenant's income relative to area median income, household composition, any extenuating circumstances, or other factors, and may rely on written declarations or oral testimony by the parties at the hearing.
ii. After a finding that the tenant is low-income, limited resourced, or experiencing hardship, the court may issue an order: (A) Finding that the landlord is eligible to receive on behalf of the tenant and may apply for reimbursement from the landlord mitigation program; and (B) directing the clerk to remit, without further order of the court, any future payments made by the tenant in order to reimburse the department of commerce pursuant to RCW 43.31.605(1)(b)(iii). In accordance with RCW 43.31.605(1)(b), such an order must be accompanied by a copy of the order staying the writ of restitution. Nothing in this subsection (3)(e) shall be deemed to obligate the department of commerce to provide assistance in claim reimbursement through the landlord mitigation program if there are not sufficient funds.
iii. If the department of commerce fails to disburse payment to the landlord for the judgment pursuant to this subsection (3)(e) within 30 days from submission of the application, the landlord may renew an application for a writ of restitution pursuant to RCW 59.18.370 and for other rent owed by the tenant since the time of entry of the prior judgment. In such event, the tenant may exercise rights afforded under this section.
iv. Upon payment by the department of commerce to the landlord for the remaining or total amount of the judgment, as applicable, the judgment is satisfied and the landlord shall file a satisfaction of judgment with the court.
v. Nothing in this subsection (3)(e) prohibits the landlord from otherwise applying for reimbursement for an unpaid judgment pursuant to RCW 43.31.605(1)(b) after the tenant defaults on a payment plan ordered pursuant to (c) of this subsection.
vi. If a tenant demonstrates an ability to pay in order to reinstate the tenancy by means of disbursement through the landlord mitigation program account established within RCW 43.31.605(1)(b):
(A) Any restrictions imposed under (d) of this subsection do not apply in determining if a tenant is eligible for reinstatement under this subsection (3); and
(B) Reimbursement on behalf of the tenant to the landlord under RCW 43.31.605(1)(b) may include up to three months of prospective rent to stabilize the tenancy as determined by the court.
If a tenant seeks to stay a writ of restitution issued pursuant to this chapter, the court may issue an ex parte stay of the writ of restitution provided the tenant or tenant's attorney submits a declaration indicating good faith efforts were made to notify the other party or, if no efforts were made, why notice could not be provided prior to the application for an ex parte stay, and describing the immediate or irreparable harm that may result if an immediate stay is not granted. The court shall require service of the order and motion to stay the writ of restitution by personal delivery, mail, facsimile, or other means most likely to afford all parties notice of the court date.
In all other cases the judgment may be enforced immediately. If a writ of restitution shall have been executed prior to judgment no further writ or execution for the premises shall be required.
This section also applies if the writ of restitution is issued pursuant to a final judgment entered after a show cause hearing conducted in accordance with RCW 59.18.380.
"TO:
AND TO:
ADDRESS:
You are receiving this notice because the landlord alleges you are not in compliance with the terms of the lease agreement by failing to pay rent and/or utilities and/or recurring or periodic charges that are past due.
You must pay the total amount due to your landlord within fourteen (14) days after service of this notice or you must vacate the premises. Any payment you make to the landlord must first be applied to the total amount due as shown on this notice. Any failure to comply with this notice within fourteen (14) days after service of this notice may result in a judicial proceeding that leads to your eviction from the premises.
OWNER/LANDLORD:DATE:___
"
The summons must contain the names of the parties to the proceeding, the attorney or attorneys if any, the court in which the same is brought, the nature of the action, in concise terms, and the relief sought, and also the return day; and must notify the defendant to appear and answer within the time designated or that the relief sought will be taken against him or her. The summons must contain a street address for service of the notice of appearance or answer and, if available, a facsimile number for the plaintiff or the plaintiff's attorney, if represented. The summons must be served and returned in the same manner as a summons in other actions is served and returned.
A defendant may serve a copy of an answer or notice of appearance by any of the following methods:
By delivering a copy of the answer or notice of appearance to the person who signed the summons at the street address listed on the summons;
By mailing a copy of the answer or notice of appearance addressed to the person who signed the summons to the street address listed on the summons;
By facsimile to the facsimile number listed on the summons. Service by facsimile is complete upon successful transmission to the facsimile number listed upon the summons;
As otherwise authorized by the superior court civil rules.
The summons for unlawful detainer actions for tenancies covered by this chapter shall be substantially in the following form:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON
IN AND
FOR . . . . . . COUNTY
Plaintiff/
Landlord/
Owner,
NO.
vs.
EVICTION SUMMONS
(Residential)
Defendant/
Tenant/
Occupant.
THIS IS AN IMPORTANT LEGAL DOCUMENT TO EVICT YOU.
YOUR
RESPONSE MUST BE RECEIVED BY: 5:00 p.m., on . . . . . . . . .
TO: . . . . . . . . . . . . (Defendant's Name)
. . . . . . . . . . . . (Defendant's Address)
The court may be able to appoint a lawyer to represent you without cost to you if you are low-income and are unable to afford a lawyer. If you believe you are a qualifying low-income renter and would like an attorney appointed to represent you, please contact the Eviction Defense Screening Line at 855-657-8387 or apply online at https://nwjustice.org/apply-online. For additional resources, you may call 2-1-1 or the Northwest Justice Project CLEAR Hotline outside King County (888) 201-1014 weekdays between 9:15 a.m. – 12:15 p.m., or (888) 387-7111 for seniors (age 60 and over). You may find additional information to help you at http://www.washingtonlawhelp.org.
You may respond with a "notice of appearance." This is a letter that includes the following:
A statement that you are appearing in the court case
Names of the landlord(s) and the tenant(s) (as listed above)
Your name, your address where legal documents may be sent, your signature, phone number (if any), and case number (if the case is filed)
This case □ is / □ is not filed with the court. If this case is filed, you need to also file your response with the court by delivering a copy to the clerk of the court at: . . . . . . . . . . . (Clerk's Office/Address/Room number/Business hours of court clerk)
You must mail, fax, or hand deliver your response letter to your Landlord's lawyer, or if no lawyer is named in the complaint, to your Landlord. If you mail the response letter, you must do it 3 days before the deadline above. Request receipt of a proof of mailing from the post office. If you hand deliver or fax it, you must do it by the deadline above. The address is:
. . . . . . . . . (Attorney/Landlord Name)
. . . . . . . . . (Address)
. . . . . . . . . (Fax - required if available)
If you respond to this Summons, you will be notified of your hearing date in a document called an "Order to Show Cause." This is usually mailed to you. If you get notice of a hearing, . If you do not show up, your landlord can evict you. Your landlord might also charge you more money. If you move before the court date, you must tell your landlord or the landlord's attorney.
The eviction moratorium instituted by the governor of the state of Washington's proclamation 20-19.6 shall end on June 30, 2021.
If a tenant has remaining unpaid rent that accrued between March 1, 2020, and six months following the expiration of the eviction moratorium or the end of the public health emergency, whichever is greater, the landlord must offer the tenant a reasonable schedule for repayment of the 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, the landlord may proceed with an unlawful detainer action as set forth in RCW 59.12.030(3) . If the tenant defaults on any rent owed under a repayment plan, the landlord may apply for reimbursement from the landlord mitigation program as authorized under RCW 43.31.605(1)(c) or proceed with an unlawful detainer action as set forth in RCW 59.12.030(3) . The court must 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.
Any repayment plan entered into under this section must:
Not require payment until 30 days after the repayment plan is offered to the tenant;
Cover rent only and not any late fees, attorneys' fees, or any other fees and charges;
Allow for payments from any source of income as defined in RCW 59.18.255(5) or from pledges by nonprofit organizations, churches, religious institutions, or governmental entities; and
Not include provisions or be conditioned on: The tenant's compliance with the rental agreement, payment of attorneys' fees, court costs, or other costs related to litigation if the tenant defaults on the rental agreement; a requirement that the tenant apply for governmental benefits or provide proof of receipt of governmental benefits; or the tenant's waiver of any rights to a notice under RCW 59.12.030 or related provisions before a writ of restitution is issued.
It is a defense to an eviction under RCW 59.12.030(3) that a landlord did not offer a repayment plan in conformity with this section.
To the extent available funds exist for rental assistance from a federal, state, local, private, or nonprofit program, the tenant or landlord may continue to seek rental assistance to reduce and/or eliminate the unpaid rent balance.
Section 1 of this act expires January 1, 2028.
Section 2 of this act takes effect January 1, 2028.