Eviction Moratoriums: A General Guide for Property Owners in Washington State

The rental sector is in a constant state of flux with the ongoing revisions and extensions to the Washington State, City and County moratoriums on evictions. The below is designed to serve as a general guide for property owners in Washington State looking for information to help understand the general restrictions currently in place. This information focuses on King County and The City of Seattle. It is not legal advice; the accuracy of the information must be verified at the time of inquiry due to the constantly changing environment.

Washington State – Landlords and property owners are prohibited from the following: 

• Prohibition on Notice of Eviction or Seeking Eviction

  • No serving, enforcing, or threatening to serve or enforce any notice to vacate or eviction notices. Also applies to tenancies that have expired or will expire during the state of emergency.  Exceptions:

•   (1) Significant and immediate risk to the health, safety, or property of others (excluding COVID-19), or

• (2) 60 days’ written notice of landlord’s intent to either sell the property or personally move into the property as a primary residence.

  • Any notice invoking either (1) or (2) above must include a Landlord affidavit. 

• Prohibition on Unpaid Rent as Debt

  • Landlord cannot collect on debt, unless the landlord demonstrates that the resident was offered, and refused or failed to comply with, a reasonable repayment plan based on the individual financial, health, and other circumstances of that resident.

• Prohibition on Rent Increase for Residential and Commercial Tenants

o    No increasing or threats to increase rent of any residential or commercial tenant.

o    Does not apply to existing contractual rent increases with commercial tenants entered prior to 2/29/2020.

• Prohibition on Late Fees

o    WA:  No late fees, interest, or other charges may accrue due to any late payment of rent on or after 2/29/2020.

o    Seattle:  No late fees, interest, or other charges . . . within the one year after the end of Mayor Durkin’s eviction moratorium.

• Prohibition on Retaliation but Communication OK

City of Seattle – Eviction bans are extended six months after the end of Mayor Durkin’s eviction moratorium on 12/31/2020, and landlord and property owners must offer installment payments for past due rent.

• Mandatory Repayment Plans

o    Must offer an installment payment schedule for past due rent owing during and within the six months following the end of Mayor Durkin’s eviction moratorium, according to the following schedule:

• 1 month or less of overdue rent must be paid in 3 consecutive, equal monthly installments, 

• Over 1 month and up to 2 months in overdue rent must be paid in 5 consecutive, equal monthly installments, and

• 2 months or more in overdue rent must be paid in 6 consecutive, equal monthly installments.

• Tenants may propose an alternative. If landlord agrees, the parties must document in writing.

• · 14-Day Notice to Pay or Vacate Notices

o    Any 14-Day Notice to Pay or Vacate within six months of the termination of the Order must include the following:

• "If you cannot pay rent, during or within 6 months after the end of the Mayor’s moratorium on evictions, your inability to pay is a defense to eviction that you may raise in court.” 

• "City law entitles you to pay overdue rent in installments. If your landlord does not accept payment according to the installment schedule, you may raise this as a defense to eviction in court.”

  • Failure to include these statements in notices will give tenants an additional defense against eviction.

• Written Notice on All Applications for Rental Properties

o    Landlords must include a written notice on all applications for rental properties with the following information:

• The landlord is prohibited from taking an adverse action against a tenant based on eviction history occurring during or within six months after the end of the civil emergency proclaimed by Mayor Durkan, and that the Seattle Office for Civil Rights is the department that will enforce any violations of this ordinance.

King County – King County residential and small business tenants have defenses to eviction through 3/1/2021, and they have the right to repay past-due rent in installments agreed upon between the tenant and landlord.

• Residential and Small-Business Tenants

o    No late fees, interest, and other charges on rent or payment plans through 3/1/2021.

o    Failure to make payments under the repayment plan, or refusal of a reasonable repayment plan offered by the landlord, could be grounds for eviction.

o    Additional defense against eviction if the landlord fails to offer a reasonable repayment plan.

o    Residential rental agreements may not be terminated while on a repayment plan unless the tenant refuses or fails to comply with the repayment plan, or the tenant poses an imminent threat to the health and safety of others.

If you have any questions during, please do not hesitate to contact the attorneys at Holmquist + Gardiner today!

Join the attorneys at Holmquist & Gardiner, PLLC for a review of the current Eviction Moratoria including a review of 1) The specifics of the Eviction Moratorium; 2) Do's and Don'ts; and 3) Frequently Asked Questions for multifamily and single-family landlords.