That not only does the governor’s proclamation ban evictions, it also bans threatening a tenant with eviction?  The state moratorium bans any action to remove a tenant, with three exceptions.  A tenant may be given a notice to vacate only if the owner wants to sell the property, wants to move in themselves or the tenant creates a, “significant and immediate risk to the health, safety or property of others.”

The Northwest Justice Project reports an increase in notices to vacate due to the landlord’s intention to sell.  Some tenant advocacy groups theorize that landlords are using this option to evict tenants who have not paid rent.  The governor’s office said, “if a complaint is filed with the (Attorney General’s Office) and it is determined that the owner acted in bad faith, there would potentially be grounds to take legal action against the owner.”

However, many landlords are also suffering financially due to the pandemic and legitimately need to sell. The president of the Washington Landlord Multifamily Housing Association, which also represents small landlords, stated that, “individuals who rent just one or a few properties are experiencing hardship amidst COVID-19 when their residents are unable to pay rent.”

Several Seattle landlords have filed a federal lawsuit against the state and the city of Seattle over Governor Inslee and Mayor Jenny Durkan’s emergency eviction moratoriums, and a Seattle City Council repayment ordinance that largely blocks landlords from even trying to collect unpaid rent until six months after the pandemic emergency ends.

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.

That the CDC has banned evictions nationwide through the end of the year?  The ban was issued by the Centers for Disease Control and Prevention, using authority granted in a 1944 public health law. The purpose is to prevent homelessness and crowded living conditions that could worsen the spread of COVID-19.  The CDC’s order requires tenants who fall behind on rent to submit a declaration to their landlord that must state that the tenant: 

• Has used “best efforts” to look for financial assistance.
• Doesn’t expect to earn more than $99,000 in 2020 (or $198,000 if filing jointly).
• Can’t pay full rent amount because of lost income or “extraordinary” medical expenses.
• Has tried to pay as much rent in as timely a manner as possible.
• Would likely become homeless and have to live in a shelter or some other crowded place if evicted.

As long as the state eviction moratorium is in place, since it provides greater protections to tenants, it will apply.  The current state ban is through October 15^th.  The Seattle eviction moratorium, which also provides tenants greater protections, is also through December 31^st. 

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.

That there are a number of reasons why a landlord should work with tenants unable to pay rent in full due to the pandemic?

• The governor’s eviction moratorium requires landlords to provide a “reasonable” payment plan to tenants unable to pay rent.
• Financial rescue efforts that were largely effective in keeping tenants in their homes, are ending.
• Nationally between 15 and 20% of tenants have been unable to pay residential rent.  In some markets that number is as high as 59%.
• A tenant who hasn’t been able to pay rent in full thus far won’t suddenly have enough money to pay back past due rent when the moratorium is lifted.
• A wave of evictions would hurt landlords, too. Experts predict that nationally the vacancy rate will peak at 7%, and rents will drop by about 8%.  As vacancies increase, days on market are likely to also increase and rents to decrease.
• Housing experts predict we may see as many as two million evictions in September alone – the amount the U.S. usually sees over an entire year.

If landlords and tenants can work together to negotiate a payment plan that the tenant can adhere to, it may be to the advantage of both.

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.

That fair housing laws require that landlords permit, at the expense of the person with a disability, reasonable modifications of the rental property if necessary, for the tenant’s full enjoyment of the premises? The landlord can require that the tenant restore the property to its original condition when the tenant vacates if the modification will interfere with the next tenant’s use and enjoyment of the rental.  The addition of a wheelchair ramp, adding grab bars in the bathroom or modifying plumbing to accommodate dialysis equipment could all be considered reasonable modifications.

If a tenant was hospitalized for an extended period of time due to Covid -19, it is likely he would be considered disabled and granting an early termination request, without penalty, could be considered a reasonable accommodation.

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.

Since mid-March there have been four proclamations from the governor affecting tenant and landlord rights, two changes to the state Landlord Tenant Act as well as a variety of changes and proposed changes to rental regulations in Seattle.

1. There have been four versions of the state Eviction Moratorium. The most recent version is through October 15^th.   Landlords cannot require tenants to vacate, even at the end of the lease, unless the owner wants to move into the rental or sell it.
2. The Landlord Tenant Act has two new clauses regarding rent payments, late fees and payment plans for move in costs.
3. The current Seattle eviction moratorium goes through the end of the year and does not allow landlords to require tenants to vacate for any reason.  Seattle is also considering forgiveness of past due rent payments which occurred during the Covid-19 pandemic.

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.

That the governor extended the eviction moratorium to October 15^th?  This is the third extension and includes prohibitions from previous proclamations:

~Rent cannot be increased,

~Late fees cannot be charged, 

~A “reasonable” payment plan must be offered if tenants are having trouble paying rent, and

~Tenants cannot be required to vacate at the end of the lease, even if the tenant is on a month-to-month rental agreement. 

~The landlord may give a 60-day notice to vacate if the owner wants to move in the rental home or sell it.

~The proclamation calls for the formation of “an informal workgroup” to consider potential changes to the eviction moratorium if it needs to be extended again.

~In addition, Governor Inslee calls for the legislature to address, “the specific parameters for reasonable re-payment plans related to outstanding rent or fees.”

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.

Auburn is considering a new rental law.  Here are some of the proposed provisions:

* The ordinance would require housing providers to provide certain information to the tenant with the screening criteria.

* The ordinance would require 120 days’ notice for rent increases of 5% or more and allows the tenant to terminate the rental agreement immediately, without notice, at any time prior to the rent increase taking effect. 

* Limits late fees to a total of $10 per month.

* The ordinance contains a COVID-19 specific provision, which prohibits collecting unpaid rent, utilities and other fees incurred from February 29, 2020, through the expiration of a State moratorium.

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.

That Seattle has a new ordinance about roommates?  Effective July 1^st, tenants can more easily add roommates to current leases.  Here are the highlights:

1. Tenants must inform the landlord within 30 days of moving someone into the rental.
2. A non-family roommate can be screened and can be denied occupancy based on screening. 
3. Immediate family can be screened, but cannot be denied occupancy.
4. Screening criteria must be the same for added occupants as for the original tenant.
5. A non-family roommate may be required to join the rental agreement with 30-days written notice. If the roommate does not join the rental agreement in 30 days, they must vacate within 15 days. (45 days total)
6. Immediate family cannot be required to join a rental agreement. They can be listed as authorized occupants.
7. Except for a screening fee, no other move-in charges can be applied to the added household member. All original terms of the rental agreement remain the same. 

According to the city council, the goal of the regulation is to make rentals more affordable and to prevent evictions.

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.