Washington State

House of Representatives

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BILL

ANALYSIS

Civil Rights & Judiciary Committee

HB 1138

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.

Brief Description: Concerning the armed forces exceptions for giving notice of termination of a tenancy.

Sponsors: Representatives Ryu, Barkis, Leavitt, Reeves, Harris, Macri, Klippert, Kilduff, Dolan, Shea, Sells, Appleton, Goodman, Young, Riccelli and Stanford; by request of Military Department.

Brief Summary of Bill

  • Amends provisions in the Residential Landlord Tenant Act and the Manufactured/Mobile Home Landlord Tenant Act pertaining to termination of tenancy by a tenant who is a member of the Armed Forces.

Hearing Date: 1/23/19

Staff: Cece Clynch (786-7195).

Background:

Residential Landlord Tenant Act: Termination of Tenancy by Tenant.

The Residential Landlord Tenant Act (RLTA) regulates the relationship between landlords and tenants, including provisions regarding the duties of tenants and landlords, remedies for violations of those duties, and prohibited actions. A tenancy may be for a specified time, such as one year, or it may be for an indefinite time.

 

A tenancy for a specified time, sometimes also called a lease, is deemed terminated at the end of the specified period. A tenant who terminates a lease prior to the end of the lease period is liable for rent until the end of the period, although the landlord is required to mitigate his or her damages by attempting to re-rent the unit at a fair rental price. A tenancy for a specified period of time may be terminated by a tenant who is a member of the Armed Forces, including the National Guard and Armed Forces Reserves, or that tenant's spouse or dependent, if the tenant receives reassignment or deployment orders. A tenant who terminates a tenancy for a specified period because of reassignment or deployment must provide notice of the reassignment or deployment order within seven days of receipt of the order.

 

Alternatively, premises may be rented for an indefinite time, from period to period or month to month. Such a tenancy is automatically renewed for another period until terminated by either the landlord or the tenant by giving at least 20 days' written notice prior to the end of any of the months or periods of tenancy. A tenant who is a member of the Armed Forces, or the tenant's spouse or dependent, may terminate a periodic tenancy under the RLTA without giving 20 days' notice if the tenant receives reassignment or deployment orders that do not allow for 20 days' notice to be given.

 

Manufactured/Mobile Home Landlord Tenant Act: Termination of Tenancy by Tenant.

The Manufactured/Mobile Home Landlord Tenant Act (MMHLTA) regulates the relationship between the owner of a mobile home park or manufactured housing community (landlord) and the owner of the mobile or manufactured home (tenant). A rental agreement under the MMHLTA is for a period of one year, unless the parties agree to a different period. The rental agreement is automatically renewed for the term of the original agreement, unless the parties agree to a different term. A tenant must notify the landlord in writing one month prior to the expiration of the rental agreement of an intention not to renew.

 

There are exceptions which permit a tenant to terminate a rental agreement:

Summary of Bill:

Residential Landlord Tenant Act: Termination of Tenancy by Tenant Member of the Armed Forces.

A tenancy for a specified time may be terminated by a tenant who is a member of the Armed Forces, including the National Guard and Armed Forces Reserves, or that tenant's spouse or dependent, if the tenant receives a permanent change of station (rather than reassignment) or deployment orders. In that case, the tenancy shall be terminated by written notice of 20 days' or more to the the landlord, and the notice shall include a copy of the official military orders or a signed letter from the service member's commanding officer confirming that any of the following six criteria are met:

A tenant who is a member of the Armed Forces, or the tenant's spouse or dependent, may terminate a periodic tenancy under the Residential Landlord Tenant Act (RLTA) with less than 20 days' written notice if the tenant receives permanent change of station (rather than reassignment) or deployment orders that do not allow for the required 20 days' written notice to be given.

 

Manufactured/Mobile Home Landlord Tenant Act: Termination of Tenancy by Tenant Member of the Armed Forces.

A tenant who is a member of the Armed Forces, including the National Guard and Armed Forces Reserve, or the tenant's spouse or dependent, may terminate with less than 30 days' notice if the tenant receives permanent change of station (rather than reassignment) or deployment orders that do not allow for greater notice. In that case, the service member must provide the landlord with a copy of the official military orders or a signed letter from the service member's commanding officer confirming any of the same six criteria set forth above for purposes of the RLTA.

Definitions under the Residential Landlord Tenant Act and Manufactured/Mobile Home Landlord Tenant Act.

The following definitions are added to both the RLTA and the Manufactured/Mobile Home Landlord Tenant Act:

Appropriation: None.

Fiscal Note: Available.

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