wa-law.org > bill > 2025-26 > HB 2265 > Original Bill
A landlord may not prohibit or restrict a tenant from installing a portable cooling device of the tenant's choosing, unless:
The installation of the portable cooling device would:
Violate building codes or state or federal law;
Violate the portable cooling device manufacturer's written safety guidelines for the device;
Cause unreasonable damage to the premises or render the premises uninhabitable; or
Require amperage to power the portable cooling device that cannot be accommodated by the power service to the building, dwelling unit, or circuit. A landlord who limits the use of portable cooling devices for this reason must prioritize allowing the use of portable cooling devices for tenants who require a portable cooling device to accommodate a disability as defined by state and federal law. A landlord is not responsible for any interruption in electrical service that is not caused by the landlord, including interruptions caused by an electrical supply's inability to accommodate the use of a portable cooling device;
The portable cooling device would be installed in a window, and:
The window is a necessary egress from the dwelling unit;
The portable cooling device would interfere with the tenant's ability to lock a window that is accessible from outside;
The portable cooling device requires the excessive use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the exterior wall of the building, or otherwise cause significant damages;
The installation of the portable cooling device in the window would not allow for adequate drainage to prevent damage to the dwelling unit or building; or
The portable cooling device cannot be secured in a way that prevents it from falling out of the window; or
The dwelling already has a permanently installed and fully operational heat pump that is capable of cooling the dwelling.
A landlord may not enforce a restriction on portable cooling devices against a tenant unless the restriction is allowed under this section and is delivered to the tenant in writing.
A landlord is immune from liability for any claim for damages, injury, or death caused by a portable cooling device installed by the tenant.
A landlord must include written information in the rental agreement or lease notifying a tenant of the tenant's rights, responsibilities, and restrictions related to installation and operation of a portable cooling device.
For the purposes of this section, a "portable cooling device" means air conditioners and evaporative coolers, including devices mounted in a window or that are designed to sit on the floor but not including devices whose installation or use requires alteration to the dwelling unit.
A landlord may not prohibit or restrict a tenant from installing a portable cooling device of the tenant's choosing, unless:
The installation of the portable cooling device would:
Violate building codes or state or federal law;
Violate the portable cooling device manufacturer's written safety guidelines for the device;
Cause unreasonable damage to the manufactured/mobile home or manufactured/mobile home community; or
Require amperage to power the portable cooling device that cannot be accommodated by the power service to the manufactured/mobile home community, manufactured/mobile home, or circuit. A landlord who limits the use of portable cooling devices for this reason must prioritize allowing the use of portable cooling devices for tenants who require a portable cooling device to accommodate a disability as defined by state and federal law. A landlord is not responsible for any interruption in electrical service that is not caused by the landlord, including interruptions caused by an electrical supply's inability to accommodate the use of a portable cooling device;
The portable cooling device would be installed in a window, and:
The window is a necessary egress from the manufactured/mobile home;
The portable cooling device would interfere with the tenant's ability to lock a window that is accessible from outside;
The portable cooling device requires the excessive use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the exterior wall of the manufactured/mobile home, or otherwise cause significant damages;
The installation of the portable cooling device in the window would not allow for adequate drainage to prevent damage to the manufactured/mobile home; or
The portable cooling device cannot be secured in a way that prevents it from falling out of the window; or
The manufactured/mobile home already has a permanently installed and fully operational heat pump that is capable of cooling the manufactured/mobile home.
A landlord may not enforce a restriction on portable cooling devices against a tenant unless the restriction is allowed under this section and is delivered to the tenant in writing.
A landlord is immune from liability for any claim for damages, injury, or death caused by a portable cooling device installed by the tenant.
A landlord must include written information in the rental agreement or lease notifying a tenant of the tenant's rights, responsibilities, and restrictions related to installation and operation of a portable cooling device.
For the purposes of this section, a "portable cooling device" means air conditioners and evaporative coolers, including devices mounted in a window or that are designed to sit on the floor but not including devices whose installation or use requires alteration to the manufactured/mobile home.
The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular:
The sheriff shall, upon receiving the writ of restitution, forthwith serve a copy thereof upon the tenant, his or her agent, or attorney, or a person in possession of the premises, and shall not execute the same for three days thereafter.
The sheriff may not execute the writ of restitution or physically evict a tenant during a period of extreme heat. For the purposes of this subsection, a "period of extreme heat" means a period of time beginning 24 hours before the effective time of any heat-related alert announced in advance by the national weather service, or beginning at the effective time of any heat-related alert issued without advance announcement by the national weather service, and ending 48 hours after the expiration or cancellation of any heat-related alert issued by the national weather service, such as an extreme heat warning, a heat advisory, an extreme heat watch, or a similar alert, for the area in which the tenant's address is located. If multiple heat-related alerts overlap or are sequential, a "period of extreme heat" includes all the overlapping or sequential heat-related alerts and continues uninterrupted until 48 hours after the expiration or cancellation of the last heat-related alert announced or issued by the national weather service.
After the issuance of a writ of restitution, acceptance of a payment by the landlord that only partially satisfies the judgment will not invalidate the writ unless pursuant to a written agreement executed by both parties. The eviction will not be postponed or stopped unless a copy of that written agreement is provided to the sheriff. It is the responsibility of the tenant to ensure a copy of the agreement is provided to the sheriff. Upon receipt of the agreement, the sheriff will cease action unless ordered to do otherwise by the court.
The writ of restitution and the notice that accompanies the writ of restitution required under RCW 59.18.312 shall conspicuously state in boldface type, all capitals, not less than twelve points information about partial payments and heat-related alerts as set forth in subsection (8) of this section.
If the writ of restitution has been based upon a finding by the court that the tenant, subtenant, sublessee, or a person residing at the rental premises has engaged in drug-related activity or has allowed any other person to engage in drug-related activity at those premises with his or her knowledge or approval, neither the tenant nor a person in possession of the premises shall be entitled to post a bond in order to retain possession of the premises.
The writ may be served by the sheriff, in the event he or she shall be unable to find the tenant, an agent or attorney, or a person in possession of the premises, by affixing a copy of the writ in a conspicuous place upon the premises: PROVIDED, That the sheriff shall not require any bond for the service or execution of the writ.
The sheriff shall be immune from all civil liability for serving and enforcing writs of restitution unless the sheriff is grossly negligent in carrying out his or her duty.
The notice accompanying a writ of restitution required under RCW 59.18.312 shall be substantially similar to the following:
IMPORTANT NOTICE - PERIODS OF EXTREME HEAT
THE SHERIFF CANNOT PHYSICALLY EVICT YOU DURING PERIODS OF EXTREME HEAT. IF THE NATIONAL WEATHER SERVICE HAS ISSUED OR HAS ANNOUNCED THAT IT INTENDS TO ISSUE A HEAT-RELATED ALERT, SUCH AS AN EXTREME HEAT WARNING, A HEAT ADVISORY, AN EXTREME HEAT WATCH, OR A SIMILAR ALERT, FOR THE AREA IN WHICH YOUR ADDRESS IS LOCATED, THE SHERIFF MUST DELAY EXECUTING THE WRIT OF RESTITUTION AND CANNOT PHYSICALLY EVICT YOU UNTIL 48 HOURS AFTER THE HEAT-RELATED ALERT EXPIRES OR IS CANCELED. IF THE HEAT-RELATED ALERT IS ANNOUNCED IN ADVANCE BY THE NATIONAL WEATHER SERVICE, YOUR PROTECTION AGAINST PHYSICAL EVICTION BEGINS 24 HOURS BEFORE THE EFFECTIVE TIME OF THE HEAT-RELATED ALERT. THIS NOTICE IS REQUIRED BY WASHINGTON STATE LAW IN RCW 59.18.390.