Thursday, October 15, 2020

Washington Governor Inslee Extends State Eviction Ban Through December 31, 2020

Washington State Governor Jay Inslee has extended the eviction ban through the end of 2020. He has also made modifications to the prior moratorium. 

The Washington Multi-Family Housing Association summarized the modifications as follows: 

  • Explicitly excludes holdover tenants who are not documented on the lease and hold over after a tenant permanently vacates the dwelling, unless the landlord has accepted partial or full payment of rent, including labor, are not protected by the Moratorium. 

  • Requires that an affidavit must be attached to the termination or compliance notice permitted under the moratorium and used to enforce the health and safety issues.  
    • Health and safety is clarified to include “any behavior by a resident which is imminently hazardous to the physical safety of other persons on the premises (RCW 59.18.130(8)(a)).”
  • Requires an affidavit under penalty of perjury with any notice of sale or notice of occupancy termination.

  • Explicitly permits communication between the landlord and tenant for “customary and routine communications,” including:  
    • Communications that reasonably notify the tenant of upcoming rent that is due, 
    • Provide notice of community events, news or updates, 
    • Document a lease violation without threatening eviction, or
    • Otherwise consistent with the order. 

  • Permits advance notice of a rent increase that is already specified by the terms of the rental agreement (i.e. automatic annual increase in the rental amount and previously (pre-February 29, 2020) included in the rental agreement), but the rent increase does not take effect until the order expires, or any extension of this order expires. Any notice regarding this provision cannot include any threatening or coercive language including threats of eviction.

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