SUBSTITUTE SENATE BILL 5733
State of Washington
2019 Regular Session
BySenate Financial Institutions, Economic Development & Trade (originally sponsored by Senators Saldaña, Nguyen, and Wilson, C.)
READ FIRST TIME 02/22/19.
AN ACT Relating to protecting tenants in residential tenancies; amending RCW 59.12.030
; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) A work group to study and make recommendations on just cause evictions for the protection of tenants in residential tenancies is hereby created. The work group membership shall consist of:
(a) The director of the department of commerce or his or her designee;
(b) Two members of the senate, appointed by the president of the senate, and representing each of the two largest caucuses of the senate;
(c) Two members of the house of representatives, appointed by the speaker of the house of representatives, representing each of the two largest caucuses of the house of representatives;
(d) Three representatives representing tenants; and
(e) Three representatives representing landlords.
(2) A chair shall be chosen from among the work group's membership.
(3) The work group shall function within existing resources.
(4) The department of commerce shall convene the first meeting of the work group.
(5) The work group shall review and make recommendations on the notice required by a landlord to a tenant before terminating tenancy. The work group may also review the residential landlord-tenant act in chapter 59.18
RCW against similar laws in other states and jurisdictions, and make recommendations based on its findings.
(6) The work group shall submit, in compliance with RCW 43.01.036
, a report of its findings and recommendations for legislation to the appropriate committees of the legislature by December 1, 2019.
(7) Legislative members of the task force are reimbursed for travel expenses in accordance with RCW 44.04.120
. Nonlegislative members are not entitled to be reimbursed for travel expenses if they are elected officials or are participating on behalf of an employer, governmental entity, or other organization. Any reimbursement for other nonlegislative members is subject to chapter 43.03
and 1998 c 276 s 6 are each amended to read as follows:
A tenant of real property for a term less than life is guilty of unlawful detainer either:
(1) When he or she holds over or continues in possession, in person or by subtenant, of the property or any part thereof after the expiration of the term for which it is let to him or her. When real property is leased for a specified term or period by express or implied contract, whether written or oral, the tenancy shall be terminated without notice at the expiration of the specified term or period;
(2) When he or she, having leased property for an indefinite time with monthly or other periodic rent reserved, continues in possession thereof, in person or by subtenant, after the end of any such month or period, when the landlord, more than twenty days prior to the end of such month or period or more than fifty days prior to the end of such month or period for tenancies under chapter 59.18 RCW
, has served notice (in manner in RCW 59.12.040
provided) requiring him or her to quit the premises at the expiration of such month or period;
(3) When he or she continues in possession in person or by subtenant after a default in the payment of rent, and after notice in writing requiring in the alternative the payment of the rent or the surrender of the detained premises, served (in manner in RCW 59.12.040
provided) in behalf of the person entitled to the rent upon the person owing it, has remained uncomplied with for the period of three days after service thereof. The notice may be served at any time after the rent becomes due;
(4) When he or she continues in possession in person or by subtenant after a neglect or failure to keep or perform any other condition or covenant of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than one for the payment of rent, and after notice in writing requiring in the alternative the performance of such condition or covenant or the surrender of the property, served (in manner in RCW 59.12.040
provided) upon him or her, and if there is a subtenant in actual possession of the premises, also upon such subtenant, shall remain uncomplied with for ten days after service thereof. Within ten days after the service of such notice the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform such condition or covenant and thereby save the lease from such forfeiture;
(5) When he or she commits or permits waste upon the demised premises, or when he or she sets up or carries on thereon any unlawful business, or when he or she erects, suffers, permits, or maintains on or about the premises any nuisance, and remains in possession after the service (in manner in RCW 59.12.040
provided) upon him or her of three days' notice to quit;
(6) A person who, without the permission of the owner and without having color of title thereto, enters upon land of another and who fails or refuses to remove therefrom after three days' notice, in writing and served upon him or her in the manner provided in RCW 59.12.040
. Such person may also be subject to the criminal provisions of chapter 9A.52
(7) When he or she commits or permits any gang-related activity at the premises as prohibited by RCW 59.18.130
and 2008 c 113 s 4 are each amended to read as follows:
(1)(a) When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of twenty days or more, preceding the end of any of the months or periods of tenancy, ((given)) by ((either party to)) the ((other))tenant. A landlord must give written notice of fifty days or more before a tenancy may be terminated.
(b) Any tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant's spouse or dependent, may terminate a rental agreement with less than twenty days' notice if the tenant receives reassignment or deployment orders that do not allow a twenty-day notice.
(2)(a) Whenever a landlord plans to change to a policy of excluding children, the landlord shall give a written notice to a tenant at least ninety days before termination of the tenancy to effectuate such change in policy. Such ninety-day notice shall be in lieu of the notice required by subsection (1) of this section. However, if after giving the ninety-day notice the change in policy is delayed, the notice requirements of subsection (1) of this section shall apply unless waived by the tenant.
(b) Whenever a landlord plans to change any apartment or apartments to a condominium form of ownership, the landlord shall provide a written notice to a tenant at least one hundred twenty days before termination of the tenancy, in compliance with RCW 64.34.440
(1), to effectuate such change. The one hundred twenty-day notice is in lieu of the notice required in subsection (1) of this section. However, if after providing the one hundred twenty-day notice the change to a condominium form of ownership is delayed, the notice requirements in subsection (1) of this section apply unless waived by the tenant.
(c)(i) Whenever a landlord plans to demolish or substantially rehabilitate a premises or plans a change of use of the premises, the landlord shall provide a written notice to a tenant at least one hundred twenty days before termination of the tenancy. This subsection does not apply where a jurisdiction has created a relocation assistance program under RCW 59.18.440.
(ii) For purposes of this subsection (2)(c):
(A) "Assisted housing development" means a multifamily rental housing development that either receives government assistance and is defined as federally assisted housing in RCW 59.28.020, or that receives other federal, state, or local government assistance and is subject to use restrictions.
(B) "Change of use" means: (I) Conversion of any premises from a residential use to a nonresidential use that results in the displacement of an existing tenant; (II) conversion from one type of residential use to another type of residential use that results in the displacement of an existing tenant, such as conversion to a retirement home, emergency shelter, or transient hotel; or (III) conversion following removal of use restrictions from an assisted housing development that results in the displacement of an existing tenant: PROVIDED, That displacement of an existing tenant in order that the owner or a member of the owner's immediate family may occupy the premises does not constitute a change of use.
(C) "Demolish" means the destruction of a premises or the relocation of a premises to another site that results in the displacement of an existing tenant.
(D) "Substantially rehabilitate" means extensive structural repair or extensive remodeling of a premises that requires a permit such as a building, electrical, plumbing, or mechanical permit, and that results in the displacement of an existing tenant.
(d) A person in violation of (c) of this subsection shall be held liable in a civil action up to three times the monthly rent of the real property at issue. The prevailing party may also recover court costs and reasonable attorneys' fees.
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