Landlords Be Wary: Washington’s New Changes to Landlord & Tenant Law
/By: Tyler O’Brien and Whitny Norton
On Monday May 10th, Governor Inslee signed HB 1236 which makes major changes to the Washington’s Residential Landlord Tenant Act (WARLTA). These changes include limitations to the conditions under which a landlord can terminate a lease, evict a tenant, and refuse to continue periodic and month-to-month leases.
I. Fixed Period Leases – New Requirement to Notify the Tenant that the Lease is Ending
Under the new act, for a landlord to terminate a fixed period lease, set to last 12 months or more, the landlord must provide 60 days’ notice to the tenant that the lease will be deemed expired at the end of the initial period. If the landlord does not provide 60 days’ notice, the fixed period lease will become a month-to-month lease.
II. Fixed Period Leases that Continue Month-to-Month After the Initial Term
Rental agreements that have an initial period between 6 and 12 months but provide for the tenancy to continue for an indefinite period on a month-to-month basis after the initial period can be terminated by the landlord at the end of the initial period. However, to do so, the landlord must serve notice on the tenant 60 days before the end of the initial term. If the landlord allows the lease to continue after the initial term, the landlord may only terminate the lease for cause.
III. All Other Leases – Termination, Eviction, and Denial of Renewal Only Allowed for Cause.
The reasons a landlord may evict a tenant, refuse to continue a tenancy, or end a periodic tenancy are now limited to 16 different causes (listed below) enumerated in the amended WARLTA. These limitations apply to all agreements not described in Part I & Part II above, including: month-to-month leases; periodic leases; fixed period leases set to last less than 12 months; and fixed period leases that provide for the tenancy to continue month-to-month after an initial period that lasts less than 6 months or more than 12 months.
Each of the ‘for cause’ provisions have specific requirements for providing notice to the tenant. Notice times range from 20 to 120 days depending on which provision termination is sought under.
The causes under the WARLTA include the following.
1. The tenant has defaulted on payment;
2. For subsidized housing, the tenant has breached a material program requirement;
3. The tenant permitted waste or nuisance on the premises, unlawful activity on the premises, or substantially and repeatedly interfered with the use and enjoyment of the premises by the landlord or neighbors;
4. The landlord has sought to obtain the property to use as the landlord’s principal residence or the principal residence for their immediate family member;
5. The residence is a single-family residence and the landlord has decided to sell it;
6. The landlord has changed its policy to exclude children, seeks to change an apartment to a condominium, or plans to demolish or rehabilitate the premises;
7. The landlord has elected to withdraw the premises to pursue a conversion;
8. The premises have been condemned or deemed uninhabitable;
9. An owner or lessor that shares the dwelling unit has served 20 days’ advanced notice prior to the end of the rental period;
10. For transitional housing, the tenant is no longer be eligible for the program;
11. The tenant has not signed a proposed new rental agreement which was proffered by the landlord. This provision does not apply to tenancies that are periodic.
12. The tenant made intentional, knowing, and material misrepresentations in their rental application.
13. For “other good cause” constituting a legitimate economic or business reason not enumerated under the section.
14. The tenant has, within a 12-month period, committed four or more violations of: (i) a requirement of subsidized housing; (ii) a substantial breach of a material term of the rental agreement; or a substantial breach of an obligation imposed by law.
15. The tenant has failed to register as a sex offender.
16. The tenant has made unwanted sexual advances or other acts of sexual harassment directed at the property owner, property manager, property employee, or another tenant based on the person's race, gender, or other protected status in violation of any covenant or term in the lease.
IV. Do These Provision Apply to My Agreement? Do I have “Good Cause” for Terminating as a Landlord?
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