SENATE BILL REPORT
SB 6772
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. |
As of February 1, 2010
Title: An act relating to service of notice requirements under the residential landlord-tenant act.
Brief Description: Modifying service of notice requirements under the residential landlord-tenant act.
Sponsors: Senator Benton.
Brief History:
Committee Activity: Financial Institutions, Housing & Insurance: 2/02/10.
SENATE COMMITTEE ON FINANCIAL INSTITUTIONS, HOUSING & INSURANCE |
Staff: Alison Mendiola (786-7483)
Background: A tenant of residential rental property may be sued for unlawful detainer (commonly known as eviction) for a number of reasons provided in statute including to failing to pay rent. To start this process, a landlord is to deliver a three-day notice to pay rent or vacate the premises.
Service of Notice. When a landlord starts the unlawful detainer process, the landlord is to serve the tenant with notice of the action by either: (1) delivering a copy of the notice to the tenant in person; (2) if the tenant is not home, a copy of the notice may be left with a person of suitable age and a copy must also be mailed to the tenant; or (3) if the tenant cannot be found and there is not someone of a suitable age, a copy of the notice may be placed in a conspicuous location and as well as delivering a copy to a person on the property, if such a person can be found, and sending a copy of the notice through the mail.
A landlord must strictly comply with the notice requirements in order for the court to have jurisdiction over the unlawful detainer proceedings.
Summary of Bill: The service of notice statute is revised to state that if there are two or more tenants entitled to receive notice, a jointly addressed copy of the notice is required, whether personally delivered, mailed, or posted.
Appropriation: None.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.