Eviction Moratoriums Updated and Extended Until September 30, 2021

By: Michael Safren, Esq.

Although Washington state has now fully “re-opened,” Governor Inslee, as well as many cities and some counties, have continued to extend and update eviction moratoriums that were previously in place until September 30,2021.  Landlords should be aware that these moratoriums can still prevent them from removing tenants, collecting past due rent, and subject them to fines and criminal liability for willful failure to comply.  Governor Inslee has modified the statewide moratorium mainly to address non-payment of rent for both past rent due during the state of emergency and for future rent.

Past Due Rent

The statewide moratorium divides "past due rent" from February 29, 2020, until July 30, 2021, from "future rent" owned starting on August 1, 2021, until September 30, 2021.  Evictions for past due rent are still prohibited until both (1) a rental assistance program and an eviction resolution pilot program as contemplated by Section 7 of E2SSB 5160 have been implemented and are operational in the county in which the rental property is located; and (2) a tenant has been provided with, and has, since the effective date of this order, rejected or failed to respond within 14 days of receipt of such notice to an opportunity to participate in an operational rental assistance program and an operational eviction resolution pilot program provided by E2SSB 5160.

Further, the statewide moratorium continues to prohibit past due rent from being treated as an enforceable debt.  This prohibition includes attempts to collect, or threats to collect, independently or through a collection agency, by filing an unlawful detainer or other judicial action, by withholding any portion of a security deposit, by reporting to credit bureaus, or by any other means.

Future Rent 

For rent accruing starting on August 1, 2021, evictions are prohibited if the tenant has: (1) made full payment of rent; (2) made a partial payment of rent based on their individual economic circumstances as negotiated with the landlord; (3) has a pending application for rental assistance that has not been fully processed; or (4) resides in a jurisdiction in which the rental assistance program is anticipating receipt of additional rental assistance resources but has not yet started their program or the rental assistance program is not yet accepting new applications for assistance.

Other Facets of the Statewide Moratorium

Late fees continue to be prohibited, but rent can now be increased so long as the proper notices and timelines are followed. Written notice of the funding resources and programs established in E2SSB 5160 must be provided to tenants and the landlord must first attempt to establish a reasonable repayment plan with the tenant per E2SSB 5160 prior to seeking an eviction.  If they cannot agree on a plan and no local eviction resolution pilot program per E2SSB 5160 exists, then the landlord cannot proceed with an eviction during the moratorium.

City and County Moratoriums

Many cities and some counties have also extended and/or updated their previous eviction moratoriums.  These cities include Auburn, Burien, Kenmore, Federal Way, Seattle, Tacoma, Vancouver, Bellingham, Renton, Kirkland, and King County.  While the specific language to the moratorium in each city and county can vary, some of these moratoriums are and continue to be more restrictive than the statewide moratorium and can further the limit the grounds that landlord may have to pursue eviction against a tenant.

If you have questions about the multitude of eviction moratoriums that apply to you as a landlord or how these recent changes in the Residential Landlord/ Tenant laws impacts you, please contact our offices 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.