Spotlight on Residential & Commercial Evictions in Washington State

In our October webinar, we explored the specifics of eviction moratoria in Seattle, King County, and Washington State; and reviewed dos and don’ts for property owners.

Eviction Updates

Since the specific terms and timeframes of moratoria vary widely, it’s vital that you verify the check the jurisdiction for each property and then familiarize yourself with local laws before you proceed with anything.

On the commercial side, the existing commercial eviction moratorium has been extended to January 15 for businesses with 50 or fewer employees and for nonprofits. There's also the provision that landlords can’t increase rent for these employers until COVID-19 is “no longer an emergency”. Property owners are still prohibited from charging late fees, interest or other charges. Again, it’s best to talk to your attorney to understand which regulations apply to your specific situation.

For residential property owners, in the city of Seattle, there's a six-month cooling-off period, which takes it into next winter to the winter of 2022. We're preparing our clients in the city that it may be the spring of 2023. The State eviction order has expired as of October 31, 2021, but there are still local jurisdictions with orders in place across the state.

Eviction for non-payment of past due rent is prohibited until the resources and programs established by the Legislature are up and running. Eviction for non-payment of future rent (August 1, 2021, through September 30, 2021) is not allowed if the tenant has taken demonstrative action to pay. Evictions for other reasons under state law are still permitted. 

Earlier this year, Gov. Jay Inslee issued a housing stability emergency order, Proclamation 21-09, commonly called the eviction bridge, which requires that:   

•  Landlords and tenants use rental assistance and eviction resolution pilot programs included in SB 5160 to resolve COVID-related past due rent disputes (February 29, 2020, through July 31, 2021)

• Landlords notify tenants in writing of available rental assistance and support and offer a reasonable repayment plan per SB 5160

• Tenants make plans to pay rent or access rental assistance to pay future rent, beginning August 1, 2021, through the effective dates of the order; and respond to notices of funding and other available programs within the timeframes established by SB 5160

Under the proclamation, if the programs aren't set up in your county the time the moratorium ends, you're free to proceed with the 14-day notice to pay or vacate. If your county does have an ERP set up, you need to go through the process before you can issue the 14-day notice to vacate. (See the King County program enrollment page here.)You also need to be able to show that you comply with SB 5160. (Get more information here.)

In a related action, there are several new laws to consider if you’re thinking about increasing rent or updating leases within the city’s jurisdiction. A new law requires landlords to give 180 days’ written notice before increasing rent. There are also new rules for landlords renting to low-income residents. The Economic Displacement Relocation Assistance Program (CB 120173) creates a safety net for tenants who have to move because of rent increases of 10% or more. Property owners will be required to pay three of rental assistance to the departing tenants.

The Property Owner’s Playbook

Because things are evolving quickly and differ across jurisdictions, we compiled a list of do’s and don’ts to help you mitigate risk.

Get more details by tuning into the full session below.

This information doesn’t constitute financial or legal advice. Always check with an attorney, real estate investment or financial expert before making decisions.  

As always, reach out if you have any questions.