August Update: Renting in Washington During COVID-19 – Landlord Resources

Nearly every industry has seen an effect since the novel coronavirus pandemic hit Washington State. Making and receiving payments for housing are near the top of the list. In addition, the Washington State and City of Seattle moratoriums on evictions have halted landlords’ ability to remove tenants who do not pay and refuse to find a workable solution for payment.

On July 23, 2020, Governor Inslee announced that the statewide eviction moratorium will last through at least October 15, 2020. As part of the extended moratorium, Governor Inslee has called a workgroup of stakeholders and legislators to evaluate potential changes to the moratorium in the short-term and in the long-term. Specifically, the workgroup is also tasked with evaluating how to address options for rent increases.

At this time, the statewide eviction moratorium allows landlords to initiate an eviction process in only three limited circumstances:

1.     An eviction is necessary to respond to a significant and immediate risk to the health, safety, or property of others created by the resident;

2.     The landlord/owner intends to sell the property and provides at least 60 days’ written notice to the tenant of the same; and

3.     The landlord/owner intends to personally occupy the property and provides at least 60 days’ written notice to the tenant of the same.

The facts surrounding these exceptions will be strictly scrutinized by the courts. Therefore, it is worthwhile to proceed only when all elements of the exception are met.

Do keep in mind that the eviction moratorium covers those renters who have fallen behind on payments, as well as those whose rental agreement term has expired between March 18, 2020 and present.

In the City of Seattle, landlords are facing additional restrictions that will continue beyond October 15, 2020. Earlier this year, the city council adopted three bills expanding tenants’ rights: Seattle City Council Bills 119784, 119787, and 119788.

City Council Bill 119874 provides a new defense to tenants facing an eviction during Mayor Durkan’s order declaring a civil emergency in light of the COVID-19 pandemic, as well as for the six months following the termination of the same. Mayor Durkan’s order does not currently have an expiration date. Read along with City Council Bill 119726, adopted in February 2020 and prohibiting some evictions during the winter months, landlords will be hard-pressed to evict low-to-moderate income tenants until at least March 2021. Pursuant to this bill, 14-day notices must now include the following language: 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 Council Bill 119788 declares that tenants who are unable to pay rent in full during Mayor Durkan’s order, and for six months after the termination thereof, may pay the same in installments. If a tenant is 1 month overdue, the payment plan can be as much as 3 consecutive months; if a tenant is 1 – 2 months overdue, then the payment plan can be as much as 5 consecutive months; and if a tenant is more than 2 months overdue, the payment plan can be as much as 6 consecutive months. Alternative agreements can be made between the landlord and tenant in writing as well. Importantly, late fees and interest cannot be charged for up to 12 months after Mayor Durkan’s order ends. 14-day notices must also now include the following language: 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 this language and / or refusal to enter, into a payment plan provides a defense to eviction.

City Council Bill 119787 prohibits landlords from taking adverse actions, such as denying rental applications, based on the tenant’s or prospective tenants’ eviction history while Mayor Durkan’s emergency order is in effect and for six months thereafter. There is an exception to this rule for imminent threats to health and safety. Applications for rent must now include the following language: Landlords are 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 on March 3, 2020.

In the meantime, landlords should remain in communication with their tenants, especially those who are not paying. Some tenants may not understand that while there is an eviction moratorium, there is still an obligation to pay the rent. If they fail to pay, their balances will continue to grow, making it difficult, if not impossible, for some to catch up.

Sending a written notice to tenants that they are behind on their rental payments and requesting that they discuss their ability or inability to pay may allow you to understand why they are not paying. It may also create an opportunity to establish a repayment plan for the tenant. If any notice is sent to tenants that is not intended to begin eviction processes, it should clearly state on the notice that it is not a notice of eviction or attempt to evict.

If you have any questions during this time, please do not hesitate to contact us today!