S-3099.2  _______________________________________________

 

                         SENATE BILL 6645

          _______________________________________________

 

State of Washington   57th Legislature        2002 Regular Session

 

By Senators Hochstatter, Swecker, Carlson, Stevens and Roach

 

Read first time 01/24/2002.  Referred to Committee on Judiciary.

Allowing landlords to immediately evict disruptive tenants.


    AN ACT Relating to providing for the immediate eviction of a tenant who is involved in criminal actions or unlawful civil disruptions; adding a new section to chapter 59.18 RCW; and creating a new section.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    NEW SECTION.  Sec. 1.  The legislature finds that under existing landlord tenant laws, persons who are renting or leasing properties, as well as their agencies and neighbors of the properties, do not have means to immediately evict disruptive tenants involved in criminal actions or unlawful civil disruptions.

    The legislature further finds that with the absence of an immediate legal means to remove disruptive tenants, the property owners, their agents, and their neighbors all suffer significant losses in the property and in the quiet enjoyment of the property.  Such losses continue to grow when a disruptive tenant is allowed to remain on the premises pending court action.

    The legislature intends to protect property owners, agents, and neighbors from further mental anguish and financial loss by providing for the immediate eviction of persons participating in criminal actions or unlawful civil disruptions.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 59.18 RCW to read as follows:

    (1) A landlord, with supporting evidence and documentation, may request a court to authorize the immediate eviction of a tenant, if the tenant has:

    (a) Violated maximum noise levels under chapter 70.107 RCW;

    (b) Committed an act that is considered a moral nuisance under RCW 7.48A.020;

    (c) Destroyed property under a state of emergency under RCW 43.06.230;

    (d) Possessed stolen property as defined in RCW 9A.56.140;

    (e) Operated a vehicle with excessive speed while on public or private property or in any other unlawful manner of using or operating a vehicle;

    (f) Vandalized the landlord's property or other properties.  Acts of vandalism on the property include acts of littering on the property;

    (g) Committed an act of domestic violence as defined in RCW 26.50.010;

    (h) Misbranded drugs by misleading representation under RCW 69.04.530;

    (i) Committed an alcohol or drug relation violation under RCW 66.44.365, or has a juvenile living with the tenant who has committed such a violation;

    (j) Possessed drugs in violation of the uniform controlled substances act, chapter 69.50 RCW; or

    (k) Committed a violation involving methamphetamine under RCW 69.50.401 or 69.50.440.

    (2) Following a request under subsection (1) of this section, a court will convene a hearing to determine whether the tenant should be immediately removed.  The court will request the sheriff and/or law enforcement personnel, as well as a representative of the department of social and health services, to attend the hearing to offer assistance as needed by the evicted tenants.  The court may issue a writ for the immediate eviction of the tenant and may assess costs to the tenant.

    (3)(a) Upon eviction, the tenant as well as all persons and animals living with the tenant must be removed from the premises.  Personal property may be retrieved within three days if parties are accompanied by a judicial representative.

    (b) The eviction must take place on the same day the writ is signed.  If scheduling does not permit for the issue of the writ the same day, it must be served by noon the following day.

    (c) To enforce the court-ordered eviction, the landlord must be accompanied by the sheriff.

 


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