| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Judiciary Committee | |
HB 1800
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 tenants of real property.
Brief Description: Revising provisions affecting tenants of real property.
Sponsors: Representatives Lovick, Warnick, Grant, Crouse, Kessler, Rolfes and Moeller.
Brief Summary of Bill |
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Hearing Date: 2/13/07
Staff: Trudes Tango (786-7384).
Background:
The Residential Landlord-Tenant Act (RLTA) governs the relationship between landlords and
tenants of residential dwelling units, establishes the duties and liabilities of the parties, and
provides procedures for each side to enforce its rights. A tenant's duties include, for example,
the duty to keep the premises clean, not intentionally destroy property, maintain smoke detector
devices, and not engage in certain activity that is dangerous to others.
The landlord may terminate a tenancy if there has been a substantial noncompliance with the
tenant's duties. The landlord must give the tenant written notice before termination and,
depending upon the circumstances, allow the tenant time to come into compliance. If the tenant
does not comply and continues to be in possession of the property, the tenant may be guilty of
unlawful detainer.
An unlawful detainer action is a court procedure to evict a tenant who remains on the rental
premises beyond the time he or she is required to leave. The landlord must serve the tenant with
a summons and complaint, which must designate a specific date by which the tenant must
respond. The landlord may also request a show cause hearing directing the tenant to appear in
court and show why a writ of restitution (an order directing the sheriff to physically evict the
tenant) should not be issued. The court will examine the parties at the show cause hearing and
ascertain whether the landlord has the right to be restored to possession of the property. Once a
writ of restitution is ordered, the sheriff has a certain amount of time to physically evict the
tenant.
Summary of Bill:
The tenant has a duty not to provide false, inaccurate, or misleading information during the
application process for tenancy. A tenant is guilty of unlawful detainer when he or she provides
a material misstatement in the application for tenancy that induces the landlord or owner to
approve the tenant as a resident and the landlord or owner discovers and acts upon the
misstatement within one year of the time the tenant began paying rent.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.