HB 1236 – Mandatory Lease Renewal - Just Cause*
HB 1236, protecting residential tenants from the beginning to end of their tenancies by penalizing the inclusion of unlawful lease provisions and limiting the reasons for eviction, refusal to continue, and termination, Prime Sponsored by Rep. Nicole Macri (D-42) passed the Senate on April 8 with a vote of 28 yeas and 21 nays. On April 13, the House of Representatives concurred in Senate Amendments with a vote of 54 yeas, 44 nays, 0 absent and 0 excused. The bill is now on the way to the Governor’s office for his signature and potential veto of any portion of the bill.
While we find the legislature’s choice of language troubling, we were able to get the bill modified to allow fixed-term leases to continue outside of Just Cause but they included additional restrictions and 60-day notice required to end the tenancy.
To view the bill as passed the legislature: click here
* A Note from WLA President & Attorney, Rob Trickler, concerning HB 1236:
I need to inform you of some unfortunate news. HB 1236 is on its way to the governor’s desk for signature. That bill is set to become law immediately and does not provide the usual 90 day period to become effective. The bill does increase the time you must give to your tenant when you are terminating a tenancy for purposes for sale or owner occupying from the governor’s 60 days as required under the emergency proclamation 20.19.6 and previous versions, to 90 days.
Unfortunately the legislators did not put any language in that would clearly make the notices to terminate that were previously issued with 60 days valid after the signing of HB 1236. This means, in my opinion and that of several other landlord attorneys, that if your case has not been filed in superior court by the time the governor signs HB 1236 your notice will have to be redone and terminating with an additional minimum of 90 more days and still have an effective termination date on the last day of the rental period. That means if the rent was due on the first of the month then notices served in April will terminate the last day of July and notices done in May will terminate the last day of August.
I am sorry to be the one to have to bring this news that I know will be devastating to many.
Rob W. Trickler
Attorney and Counselor at Law
The Law Office of Rob W. Trickler PLLC
All County Evictions LLC
2302 Rucker Ave, Unit #4
Everett WA 98201
SB 5160 – Extending Eviction Moratorium
SB 5160, addressing landlord-tenant relations by providing certain tenant protections during and after public health emergencies, providing for legal representation in eviction cases, and authorizing landlord access to state rental assistance programs, Prime Sponsored by Sen. Patty Kuderer (D-48), passed the House of Representatives on April 8 with a vote of 72 yeas, 26 nays, 0 absent, and 0 excused. On April 19 the Senate concurred in House Amendments by a vote of 27 yeas, 22 nays, 0 absent and 0 excused. The bill is now on the way to the Governor’s office for his signature and potential veto of any portion of the bill.
The legislature came through at the end and set an end date for the Governor’s Moratorium which will terminate on June 30, 2021. Additionally, the bill increases from $5k to $15k the payments available to housing providers under the Landlord Mitigation Program for payment plans that are unsuccessful.
To view the bill as passed the legislature, click here.
Forthcoming we will send additional information on the final bill language for both bills.