Washington State

House of Representatives

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BILL

ANALYSIS

Judiciary Committee

HB 2040

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to increasing the notice of termination for tenancies under the residential landlord-tenant act.

Brief Description: Increasing the notice of termination for tenancies under the residential landlord-tenant act.

Sponsors: Representatives Frame, Robinson, Jinkins, Bergquist, Ormsby, Stanford and Macri.

Brief Summary of Bill

  • Extends the required notice period for termination of a periodic tenancy.

Hearing Date: 1/10/18

Staff: Cece Clynch (786-7195).

Background:

Under the Residential Landlord-Tenant Act (RLTA), a tenancy may be for a specified period of time pursuant to a rental agreement or be a periodic tenancy for an indefinite period of time such as month to month. A landlord must have cause to evict a tenant prior to the termination of the specified period of time established in a rental agreement. The causes that allow such evictions include: failure to pay rent; failure to comply with the terms of the rental agreement; failure to maintain the property or allowing damage to the property; permitting a nuisance on the property; and allowing illegal drug or other criminal activity on the property.

A periodic tenancy is automatically renewed until terminated by either the tenant or the landlord according to statutory notice requirements. A landlord need not have cause to evict a tenant in a periodic tenancy. A landlord shall terminate a periodic tenancy by providing written notice of the termination at least 20 days preceding the end of any of the months or periods of tenancy. Likewise, the tenant shall terminate a periodic tenancy by providing written notice at least 20 days preceding the end of any of the months or periods of tenancy. There is an exception to the 20-day notice required of certain tenants: a tenant who is a member of the armed forces, or that tenant's spouse or dependent, may terminate a rental agreement with less than 20 days' notice if the tenant receives reassignment or deployment orders that do not allow a 20-day notice.

Summary of Bill:

A periodic tenancy shall be terminated by written notice of 30 days or more preceding the end of any of the months or periods of tenancy. The notice period is 60 days if the tenant has occupied the premises for two or more years.

A tenant who is a member of the armed forces, or that tenant's spouse or dependent, may terminate a rental agreement with less than the required 30 or 60 days' notice if the tenant receives reassignment or deployment orders that do not allow a 30 or 60 day notice.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.