News and Events
6.3.20 Update: Washington State Rent Changes
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Introduction
Summary of Proclamation 20-19.2
(i) Residential Eviction Moratorium Extension
Washington’s residential eviction moratorium is extended until August 1, 2020, with certain modifications.
(ii) Prohibition on Residential Evictions
- Landlords are prohibited from servicing, enforcing, or threatening to serve or enforce, any notice requiring a residential tenant to vacate, regardless of whether the lease has expired or will expire during the eviction moratorium
- Landlords are prohibited from seeking, enforcing, or threatening to seek or enforce, judicial eviction orders or agreements to vacate residential tenants
- Local law enforcement is prohibited from serving, threatening to serve, or otherwise acting on eviction orders relating to residential tenants
**These prohibitions apply if a tenant has stayed in temporary housing, such as hotels, Airbnbs, RVs, etc., for at least 14 days.
(iii) Prohibition on Costs
- Landlords are prohibited from assessing, or threatening to assess, late fees for non-payment or late payment of rent or other charges against residential tenants that first occurred on or after February 29, 2020
- Landlords are prohibited from assessing, or threatening to assess, rent or other charges against a residential tenant during any period in which the tenant could not access or occupy the dwelling as a result of COVID-19
- Landlords are prohibited from increasing, or threatening to increase, rent or the amount of any deposit of any residential tenant, or any commercial tenant materially impacted by COVID-19
- This prohibition does not apply to prearranged contractual rent increases with commercial tenants entered into prior to February 29, 2020
- Landlords are prohibited from retaliating against tenants invoking their rights under the eviction moratorium or any other state or federal law providing rights or protections for residential tenants
- Landlords are prohibited from treating any unpaid rent or other charges from a residential tenant as an enforceable debt or obligation if the nonpayment was the result of COVID-19
- This includes attempts to collect, threats to collect, use of collection agency, filing of unlawful detainer, withholding security deposit, reporting to credit bureaus, and more
- However, this prohibition does not apply to landlords that provide evidence that the tenant refused or failed to comply with a reasonable re-payment plan
- Failure by the landlord to offer a reasonable re-payment plan will provide the tenant a defense to any lawsuit or other attempts to collect
For more information, please do not hesitate to contact the contributors to this article, HCMP attorneys Zac DeLap, Michelle Gail, Brian Free, and Kurt Kruckeberg.
Zac DeLap | zac.delap@hcmp.com | 206.470.7628
Michelle Gail | michelle.gail@hcmp.com | 206.470.7660
Brian Free | brian.free@hcmp.com | 206.470.7646
Kurt Kruckeberg | kurt.kruckeberg@hcmp.com | 206.470.7640
The information contained in this update is provided for informational purposes only. It is not business, legal, accounting, tax, financial, investment or other advice on any matter and may not be relied upon as such. Please contact your attorney to obtain advice regarding any particular legal matter.