https://tdn.com/opinion/columnists/guest-column-recent-changes-to-law-impact-both-landlords-and-tenants/article_fb5c80b2-7b46-505f-807b-f4dfa16f9838.html

The Residential Landlord-Tenant Act has been a topic of immense debate the past couple years, especially during Gov. Jay Inslee’s proclamation establishing an eviction moratorium.

The process has been confusing and frustrating for landlords and tenants. The passage of Senate Bill 5160 and House Bill 1236 significantly overhauled the RLTA and established a June 30 end to the moratorium.

Beginning with Senate Bill 5160, for any unpaid rent between March 1, 2020, and six months following the end of the governor’s eviction moratorium, a landlord may not share rental information with prospective landlords; take adverse action based on a prospective tenant; or impose any late fees for a tenant’s nonpayment. In addition, the landlord must offer tenants a reasonable repayment plan to repay that unpaid rent. “Reasonable” includes payments limited to the monthly rent, plus up to one third extra to repay unpaid rent; cover only rent; and allow for payment from any public or private sources.

If the tenant fails to accept the terms of a reasonable repayment plan within 14 days of the offer, or the tenant defaults on the repayment plan, the landlord may start the eviction process, beginning with the Eviction Resolution Program. The ERP program uses Dispute Resolution Centers to help tenants and landlords resolve issues related to troubled tenancies and delinquent rent prior to a landlord filing an unlawful detainer action in court. Formal mediation will be offered to the parties if resolution cannot be achieved through the ERP process.

There are several new notice and form requirements for the landlord and the tenant that can have significant impacts on the unlawful detainer process. An unlawful detainer can only be filed and granted after the landlord receives a Certificate of Participation from a DRC. Landlords are required to participate or offer ERP. Tenants are not required to participate in ERP, but could face eviction if they don’t respond to a request.

The original Senate Bill 5160 sent to the governor allowed landlords to apply for additional reimbursements for unpaid rent if the tenant failed to follow a repayment plan. However, the governor vetoed that financial support for landlords. Landlords may still have other programs available such as the Landlord Mitigation Program through the Department of Commerce at Commerce.WA.Gov.

Tenants who are sued for unlawful detainer have the right to a free attorney paid for by the Office of Civil Legal Aid if certain factors are met, such as having insufficient available funds to retain counsel. Landlords do not have the right to a free attorney, but may retain private counsel.

House Bill 1236 provides many RLTA notice changes and defines “cause” and “without cause” eviction.

If a rental agreement provides for the tenancy to continue for an indefinite period after a six month to one year agreement expires, a landlord may end the tenancy at the end of the initial period without cause with at least 60 days’ written notice.

If a rental agreement is for a specified period and does not continue for an indefinite period or on a month-to-month basis after the agreement expires, the landlord may end the tenancy without cause, with 60 days’ written notice, but only under very specific scenarios.

For all other tenancies of a specified period and for tenancies on a monthly or periodic basis a landlord may not end the tenancy for 16 specific circumstances with appropriate notice that include, but are not limited to the following:

• Failure to pay rent (14-day notice);
• Substantial breach of a material term of rental agreement (10-day notice);
• Committing or permitting waste or nuisance, unlawful activities (three-day notice);
• Landlord seeks possession for the principal residence of themselves or family (90-day notice);
• Owner elects to sell the premises, a single-family residence (90-day notice);
• Premises to be demolished or change of use (120-day notice);
• Owner elects to withdraw the premises from the rental market (120-day notice);
• Required to register as a sex offender during the tenancy, or failed to disclose sex offender status (60-day notice); or
• Makes unwanted sexual advances directed at the property owner, manager, employee, or another tenant (20-day notice).

The takeaway: RLTA was substantially changed.

We have only addressed some of the new programs and procedures facing both landlords and tenants following the end of the eviction moratorium.

For more information, we recommend landlords contact experienced legal counsel. Tenants have the option of retaining legal counsel or contacting their local Legal Aid Office for free services or the Office of Civil Legal Aid at OCLA.WA.Gov.