Gov. Inslee Extends Eviction Moratorium and other Recent Developments in Landlord/ Tenant Laws

By: Michael Safren, Esq.

On March 18, 2021, Governor Inslee issued order 20-19.6, extending the statewide ban on evictions. Governor Inslee’s previous order, which placed a moratorium on residential evictions, was set to expire on March 31, 2021. Order 20-19.6 will continue to prevent landlords from evicting in all situations that fall within the Landlord/ Tenant Act, and prohibit law enforcement from assisting in any evictions until June 30, 2021. 

Order 20-19.6 maintains many of the established facets of the previous orders, which were identified and discussed here.  Under the current eviction moratorium, landlords have extremely limited grounds for seeking an eviction.  These grounds include: (a) a significant and immediate risk to the health, safety, or property of others created by the resident; or (b) only after the Landlord provides at least 60 days’ written notice of the property owner’s intent to (i) personally occupy the premises as the owner’s primary residence, or (ii) sell the property. 

In addition to the eviction moratorium, the Washington Supreme Court has issued Order No. 25700-B-639, to launch an Eviction Resource Program, a pilot program in six counties: King, Pierce, Snohomish, Thurston, Clark, and Spokane.  This Order requires that Landlords receive a certificate from a local Dispute Resolution Center (DRC) before filing a summons and complaint with the Court to evict the residential tenant. The program requires the Landlords notify tenants of their ability to participate in this program and attend a meet and confer, if the tenant so requests through the Program.  Only after the Landlord notifies the tenant and either engages in a meet and confer with the tenant or the tenant fails to participate in the Program within the timeframe, can the Landlord receive the certificate from the DRC which must be filed at the outset of the eviction action.

Further, a number of bills have been introduced at the state legislature which, if passed, would alter the current Landlord/ Tenant Laws.  The most notable of these bills include: Mandatory Lease Renewal, Allowing Rent Control, and an Eviction Ban.

At the city level, Seattle has recently enacted several ordinances related to Landlord / Tenant laws.  Within the city of Seattle, the mayor has extended an eviction moratorium for residential and small business tenants until June 30, 2021.  Consistent with both the state moratorium and city ordinance, a Landlord must offer “a reasonable payment plan” to a tenant to enforce any unpaid obligations.  Unlike the state eviction moratorium, Seattle ordinances have outlined the terms of “a reasonable payment plan.”  Further, a tenant may now use their inability to pay their rent as a defense to evictions that are started within six (6) months of the end of the eviction moratorium.  Landlords are required to provide notice to tenants of the tenant’s ability to claim the inability to pay as a defense.

Moreover, the Seattle City Council is considering an ordinance, which if passed, would grant tenants the right to counsel/ an attorney at no cost to the tenant. 

In sum, there have been important changes to the current residential Landlord/ Tenant laws, processes, and obligations and further significant changes are likely on the way.  Landlord/ Tenant is a dynamic area of law and Landlords would be well advised to obtain counsel with an experienced real estate attorney. 

If you have questions about how these recent changes in the Residential Landlord/ Tenant laws impacts you, please Contact Us to discuss your individual concerns.

 Michael Safren is a Partner at The Law Offices of Jenny Ling, PLLC.  His practice focuses on business, real estate, probate, and civil litigation.