Landlord-tenant and eviction law has been completely overhauled. New laws at every level impact the rights of landlords and tenants and the eviction process. Most of the changes are permanent.
Washington state law guarantees tenants the right to free legal counsel and requires just cause to terminate any residential tenancy.
Residential landlords may no longer evict based on a "20-day" notice. To end the tenancy because the lease expired requires a notice served at least 60 days prior to the end of the lease term, and is not always an option. If all authorized tenants vacate, residential landlords must offer other occupants (even if unauthorized) who have been living in the property for at least six months a chance to apply to join the rental agreement.
There is a litany of new local landlord-tenant and eviction laws throughout Washington. In both Tacoma and Seattle, residential landlords have to contend with a winter eviction ban and a school-year eviction ban. Laws in many localities require additional language on notices and/or additional documents to be served with notices. A landlord must comply with local laws at the city and county levels and with court rules in each county. Interpretation of state and federal laws varies in fundamental ways from county to county.
Local know-how is more important than ever when considering a landlord-tenant attorney.
This website is published by an eviction lawyer who practices in various Washington counties. There is also a lawyer directory where you may find an attorney near you in counties we do not cover. We are not affiliated with any of the attorneys in the directory nor do we accept anything of value for listings in the directory.
Any information on this website, including but not limited to any forms posted, is not a substitute for legal advice. It is always best to consult with a lawyer before taking any action.
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US Court of Appeals Holds CDC Eviction Moratorium Likely Invalid
In September 2020 the Center for Disease Control (CDC) issued a nation-wide eviction moratorium, citing generic rulemaking authority under the Public Health Service Act. The same month, landlords in Tennessee filed a lawsuit in federal court arguing that the CDC eviction moratorium exceeded statutory authority. The Public Health Service Act statute authorizes the CDC Director […]
Continue readingTexas Federal Judge Hold CDC Moratorium Unconstitutional
A federal judge in Texas has held the Centers for Disease Control eviction moratorium unconstitutional.[1] In September 2020 the CDC issued a nation-wide residential eviction moratorium in response to the COVID-19 pandemic. The CDC eviction moratorium stopped evictions for non-payment. In Texas several landlords filed suit challenging the legal authority of the federal government to […]
Continue readingEvicted by Matthew Desmond, a Review
A woman moves slowly, looking overcome as she answers the door for the sheriff deputy and moving-crew. A sob breaks through her face as she open the refrigerator and sees the movers have cleaned out everything, even the ice trays. At another eviction, the mother named in the court order had died two months prior. […]
Continue readingNew CDC Eviction Moratorium
The Center for Disease Control (CDC) issued an eviction moratorium covering essentially all residential properties. To qualify for protection the tenant must provide the landlord with a declaration under penalty of perjury that the tenant has used best efforts to obtain all available government assistance for rent or housing; expect to earn for 2020 no […]
Continue readingNew York Eviction Moratorium Challenge Dismissed
A federal judge struck down constitutional challenges to Governor Cuomo’s eviction moratorium orders. The moratorium allows tenants to apply security deposits to rent provided the tenant replenishes the funds on a defined schedule, and temporarily prohibits landlords from starting an eviction against tenants facing financial hardship related to the pandemic. The Governor’s Orders did not […]
Continue readingLandlords Sue City of Los Angeles
Many landlords “have mortgages on their properties that they are unable to pay without a steady stream of rental income.” Landlords “rely on rental income to maintain and secure their properties and pay employees, among other operating and personal expenses, including payment for food and housing for their own families.” Landlords are “also required to […]
Continue readingSeattle First in Time Law Upheld
The Washington State Supreme Court recently upheld the Seattle First in Time law. Landlords had challenged the law as unconstitutional. A trial court struck down the First in Time law, but the Supreme Court overturned the trial court and upheld the law. Seattle residential landlords must post their rental criteria and documentation needed for each […]
Continue readingPortland Passes Tenant Screening Restrictions
The Portland, Oregon city council recently passed new laws restricting landlords in screening for rental applicants. Landlords must give 72 hours notice before accepting applications, then are required to accept the first qualified applicant. The income and credit score requirements landlords may use are capped. Landlords’ use of criminal background checks is limited. The new […]
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