City of Seattle Moratorium on Residential Evictions
UPDATE: Effective March 17, 2020, Mayor Jenny Durkan revised the moratorium on evictions in the City of Seattle. At this time, the moratorium affects all residential evictions until the earlier of the lifting of the Seattle civil emergency or May 16, 2020. The only exception to this moratorium are those evictions necessary because the tenant’s actions constitute an imminent threat to the health or safety of neighbors, the landlord, or the tenant’s or landlord’s household members.
All current eviction actions, whether or not the tenant has appeared, will be continued until the moratorium is terminated, unless the aforementioned exception applies. Finally, the Sheriff of King County will immediately cease all executions of eviction orders.
Our recommendations from below still apply, with the exception of business as usual for tenants who holdover beyond their term or violate their rental agreement in such a way that is not an imminent threat to other’s health and safety. These tenants are now subject to the moratorium and should receive the recommended letter advising them of their wrongful actions. We will reiterate that this letter should not threaten eviction or use any termination language.
A link to Mayor Durkan’s revised moratorium can be found here: Civil Emergency Order
With Washington State taking more drastic measures to prevent the spread of COVID-19, Mayor Jenny Durkan signed an emergency order on Saturday, March 14 to halt specific residential evictions from taking place until the earlier of the lifting of the Seattle civil emergency or April 13, 2020. This moratorium may be extended after April 13, 2020. Below are the highlights to keep in mind about the moratorium:
The moratorium affects only residential evictions for non-payment of rent. If a tenant violates the rental agreement, conducts criminal activity, or remains on the property after the lease end date, an eviction can proceed.
“Rent” means recurring or periodic charges identified in the rental agreement, which may include utility charges.
Notices for non-payment of rent shall not be issued during the moratorium period.
Late fees and other changes for non-payment or late payment will not accrue during the moratorium period.
For any active eviction for non-payment of rent, the court may continue it until after the moratorium period.
A link to Mayor Durkan’s moratorium can be found here: Civil Emergency Order
During this time, we recommend you take the following steps:
1. Keep all ledgers and records for tenants accurate. This is not a pass for free rent and tenants must still pay all rental amounts. As soon as the moratorium is lifted, eviction actions and late charges on unpaid amounts can proceed.
2. If a tenant is late, send them a letter and copy of their billing statement. This must only advise the tenant that their rental payment is past due and must be paid immediately. This letter cannot threaten eviction or use the “pay or vacate” language.
3. Continue business as usual if a tenant violates their rental agreement outside of non-payment of rent, engages in criminal activity, or holds over after the end of their term.
4. Implement practices that allow you, your employees, and tenants to maintain the recommended social distancing. For example, if a tenant requests a minor repair over the next few weeks, you can send them a YouTube video on how to repair it themselves, so they and any maintenance worker are not exposed to each other.
If you have any questions during this time, please do not hesitate to contact us today!
Stay healthy and stay safe!
