FINAL BILL REPORT

ESHB 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.

C 23 L 19

Synopsis as Enacted

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

Sponsors: House Committee on Civil Rights & Judiciary (originally sponsored by Representatives Ryu, Barkis, Leavitt, Reeves, Harris, Macri, Klippert, Kilduff, Dolan, Shea, Sells, Appleton, Goodman, Young, Riccelli and Stanford; by request of Military Department).

House Committee on Civil Rights & Judiciary

Senate Committee on Financial Institutions, Economic Development & Trade

Background:

Both the Residential Landlord Tenant Act (RLTA) and the Manufactured/Mobile Home Landlord Tenant Act (MMHLTA) includes provisions regarding termination of tenancy.

Residential Landlord Tenant Act: Termination of Tenancy by Tenant.

The RLTA regulates the relationship between most residential landlords and tenants. A tenancy may be for a specified time, such as one year, or it may be a periodic tenancy for an indefinite time, such as from month to month.

 

A tenancy for a specified time is deemed terminated at the end of the specified time period. A tenant who terminates a lease prior to the end is liable for rent until the end of the time 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 time may be terminated earlier by a tenant who is a member of the Armed Forces, including the National Guard and Armed Forces Reserve, or that tenant's spouse or dependent, if the tenant receives reassignment or deployment orders, in which case notice of the reassignment or deployment order must be provided within seven days of receipt of the orders.

 

A periodic tenancy automatically renews 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 such a tenancy 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 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 earlier:

Summary:

New rules are put in place for termination of a tenancy 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 (collectively referred to as service member) under both the Residential Landlord Tenant Act (RLTA) and the Manufactured/Mobile Home Landlord Tenant Act (MMHLTA).

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 service member prior to the end of the specified time if the service member receives a permanent change of station (rather than reassignment) or deployment orders. Before terminating the tenancy, the service member must provide written notice of 20 days or more to the landlord, and the notice must 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 service member may terminate a periodic tenancy with less than 20 days' written notice if the service member 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 service member may terminate with less than 30 days' notice if the service member 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 that any of the same six criteria set forth above for purposes of the RLTA are met

Definitions.

The following definitions are added to both the RLTA and the MMHLTA:

Votes on Final Passage:

House

95

0

Senate

47

0

Effective:

July 28, 2019