AN ACT Relating to evicting persons for drug activities in rental dwellings; amending RCW 59.18.130, 59.18.390, 59.18.400, 59.18.415, 59.20.040, 59.20.080, 59.20.140, and 59.18.180; 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 the illegal use, sale, and manufacture of drugs and other drug- related activities is a state-wide problem. Innocent persons, especially children, who come into contact with illegal drug- related activity within their own neighborhoods are seriously and adversely affected. Rental property is damaged and devalued by drug activities. The legislature further finds that a rapid and efficient response is necessary to: (1) Lessen the occurrence of drug-related enterprises; (2) reduce the drug use and trafficking problems within this state; and (3) reduce the damage caused to persons and property by drug activity. The legislature finds that it is beneficial to rental property owners and to the public to permit landlords to quickly and efficiently evict persons who engage in drug-related activities at rented premises.

Sec. 2. Section 13, chapter 207, Laws of 1973 1st ex. sess. as amended by section 3, chapter 264, Laws of 1983 and RCW 59.18.130 are each amended to read as follows:

Each tenant shall pay the rental amount at such times and in such amounts as provided for in the rental agreement or as otherwise provided by law and comply with all obligations imposed upon tenants by applicable provisions of all municipal, county, and state codes, statutes, ordinances, and regulations, and in addition shall:

(1) Keep that part of the premises which he occupies and uses as clean and sanitary as the conditions of the premises permit;

(2) Properly dispose from his dwelling unit all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by the tenant;

(3) Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the landlord;

(4) Not intentionally or negligently destroy, deface, damage, impair, or remove any part of the structure or dwelling, with the appurtenances thereto, including the facilities, equipment, furniture, furnishings, and appliances, or permit any member of his family, invitee, licensee, or any person acting under his control to do so. Violations may be prosecuted under chapter 9A.48 RCW if the destruction is intentional and malicious;

(5) Not permit a nuisance or common waste; ((~~and~~))

(6) Not engage in drug-related activity at the rental premises, or allow a subtenant, sublessee, resident, or anyone else to engage in drug-related activity at the rental premises with the knowledge or consent of the tenant. "Drug-related activity" means that activity which constitutes a violation of chapter 69.41 or 69.50 RCW; and

(7) Upon termination and vacation, restore the premises to their initial condition except for reasonable wear and tear or conditions caused by failure of the landlord to comply with his obligations under this chapter: PROVIDED, That the tenant shall not be charged for normal cleaning if he has paid a nonrefundable cleaning fee.

NEW SECTION. Sec. 3. A new section is added to chapter 59.18 RCW to read as follows:

(1) A landlord may evict a tenant who has engaged in drug-related activity through unlawful detainer provisions in this chapter, in chapter 59.12 RCW, or through the following expedited unlawful detainer proceeding:

(a) A landlord shall give notice, consisting of a summons and complaint, to the tenant pursuant to RCW 59.12.040. The complaint shall be in writing and must set forth the facts upon which the landlord seeks to recover, including the contention that the tenant has engaged in drug-related activity at the rental premises. The complaint shall also describe the premises with reasonable certainty, and shall be accompanied by a copy of the rental agreement, if one has been executed, and by affidavits from the appropriate law enforcement agency verifying that the following events have occurred:

(i)(A) The tenant has been named in a warrant for alleged activities that constitute a violation of chapter 69.41 or 69.50 RCW at the rental premises;

(B) The tenant has been arrested for a violation of chapter 69.41 or 69.50 RCW at the rental premises pursuant to the warrant; and

(C) Controlled substances in violation of chapter 69.50 RCW or legend drugs in violation of chapter 69.41 RCW have been seized at the rental dwelling in conjunction with execution of the warrant and arrest of the tenant at the rental premises as described in (i) or (ii) of this subsection; or

(ii) The tenant has been convicted of felony drug-related activity in violation of chapter 69.41 or 69.50 RCW.

The rental agreement and affidavits shall clearly identify the defendant as the tenant and the address of the rental premises as the location of the arrest and seizure. The complaint shall also state that the basis for the issuance of the warrant and the arrest was a violation of chapter 69.41 or 69.50 RCW. A copy of the rental agreement and the affidavits, together with the summons and complaint, shall be served upon the tenant.

The summons shall be issued as required by RCW 59.12.080 and shall be returnable on a designated date which shall be not less than ten days from date of service. The summons shall specify that an answer and supporting affidavits must be filed on or before the designated return date.

(b) If, after reviewing the filed complaint and answer and the affidavits filed in support of the landlord and tenant, the judge finds that the tenant has engaged in drug-related activities as described in this section, the judge shall issue a writ of restitution which shall be enforced within three days of issuance by the appropriate local law enforcement agency. A trial or hearing shall not be necessary if the complaint, answer, and affidavits demonstrate by a preponderance of the evidence that the tenant has engaged in drug-related activity at the premises.

If the judge believes that a hearing is necessary to determine the facts, the judge may order a hearing to be held within ten days. The landlord shall serve notice on the defendant of the date and time of the hearing not less than five days prior to the hearing. The judge shall make a decision on the issuance of the writ of restitution within five days of the filing of the answer and supporting affidavits if the answer is filed within the requisite time period, or shall decide within five days of the hearing if the judge has required that a hearing be held.

(2) For purposes of this section, "tenant" shall include a subtenant, sublessee, a person residing at the rental premises, or a person who has engaged in the prohibited activity at the rental premises with the knowledge or approval of the tenant.

Sec. 4. Section 40, chapter 207, Laws of 1973 1st ex. sess. and RCW 59.18.390 are each amended to read as follows:

The sheriff shall, upon receiving the writ of restitution, forthwith serve a copy thereof upon the defendant, his agent, or attorney, or a person in possession of the premises, and shall not execute the same for three days thereafter, and the defendant, or person in possession of the premises within three days after the service of the writ of restitution may execute to the plaintiff a bond to be filed with and approved by the clerk of the court in such sum as may be fixed by the judge, with sufficient surety to be approved by the clerk of said court, conditioned that they will pay to the plaintiff such sum as the plaintiff may recover for the use and occupation of the said premises, or any rent found due, together with all damages the plaintiff may sustain by reason of the defendant occupying or keeping possession of said premises, together with all damages which the court theretofore has awarded to the plaintiff as provided in this chapter, and also all the costs of the action. The plaintiff, his agent or attorneys, shall have notice of the time and place where the court or judge thereof shall fix the amount of the defendant's bond, and shall have notice and a reasonable opportunity to examine into the qualification and sufficiency of the sureties upon said bond before said bond shall be approved by the clerk. If the writ of restitution has been based upon a finding by the court that the tenant, subtenant, sublessee, or a person residing at the rental premises has engaged in drug-related activity or has allowed any other person to engage in drug-related activity at those premises with their knowledge or approval, neither the tenant, the defendant, nor a person in possession of the premises shall be entitled to post a bond in order to retain possession of the premises. The writ may be served by the sheriff, in the event he shall be unable to find the defendant, an agent or attorney, or a person in possession of the premises, by affixing a copy of said writ in a conspicuous place upon the premises.

Sec. 5. Section 41, chapter 207, Laws of 1973 1st ex. sess. and RCW 59.18.400 are each amended to read as follows:

On or before the day fixed for his appearance the defendant may appear and answer. The defendant in his answer may assert any legal or equitable defense or set-off arising out of the tenancy. If the complaint alleges that the tenancy should be terminated because the defendant tenant, subtenant, sublessee, or resident engaged in drug-related activity, or allowed any other person to engage in drug-related activity at the rental premises with their knowledge or consent, no set-off shall be allowed as a defense to the complaint.

Sec. 6. Section 43, chapter 207, Laws of 1973 1st ex. sess. and RCW 59.18.415 are each amended to read as follows:

With the exception of section 3 of this 1988 act regarding the expedited termination of tenancy for drug-related activities, the provisions of this chapter shall not apply to any lease of a single family dwelling for a period of a year or more or to any lease of a single family dwelling containing a bona fide purchase by the tenant: PROVIDED, That an attorney for the tenant must approve on the face of the agreement any lease exempted from the provisions of this chapter as provided for in this section.

Sec. 7. Section 4, chapter 279, Laws of 1977 ex. sess. as last amended by section 5, chapter 304, Laws of 1981 and RCW 59.20.040 are each amended to read as follows:

This chapter shall regulate and determine legal rights, remedies, and obligations arising from any rental agreement between a landlord and a tenant regarding a mobile home lot and including specified amenities within the mobile home park, mobile home park cooperative, or mobile home park subdivision, where the tenant has no ownership interest in the property or in the association which owns the property, whose uses are referred to as a part of the rent structure paid by the tenant. All such rental agreements shall be unenforceable to the extent of any conflict with any provision of this chapter. Chapter 59.12 RCW shall be applicable only in implementation of the provisions of this chapter and not as an alternative remedy to this chapter which shall be exclusive where applicable: PROVIDED, That the provision of RCW 59.12.090, 59.12.100, and 59.12.170 shall not apply to any rental agreement included under the provisions of this chapter. Section 3 of this 1988 act and RCW 59.18.370 through 59.18.410 shall be applicable to any action of forcible entry or detainer or unlawful detainer arising from a tenancy under the provisions of this chapter, except when a mobile home or a tenancy in a mobile home lot is abandoned. Rentals of mobile homes themselves are governed by the Residential Landlord-Tenant Act, chapter 59.18 RCW.

Sec. 8. Section 8, chapter 279, Laws of 1977 ex. sess. as last amended by section 4, chapter 58, Laws of 1984 and RCW 59.20.080 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, the landlord shall not terminate a tenancy, of whatever duration except for one or more of the following reasons:

(a) Substantial violation, or repeated or periodic violations of the rules of the mobile home park as established by the landlord at the inception of the tenancy or as assumed subsequently with the consent of the tenant or for violation of the tenant's duties as provided in RCW 59.20.140. The tenant shall be given written notice to cease the rule violation immediately. The notice shall state that failure to cease the violation of the rule or any subsequent violation of that or any other rule shall result in termination of the tenancy, and that the tenant shall vacate the premises within fifteen days: PROVIDED, That for a periodic violation the notice shall also specify that repetition of the same violation shall result in termination: PROVIDED FURTHER, That in the case of a violation of a "material change" in park rules with respect to pets, tenants with minor children living with them, or recreational facilities, the tenant shall be given written notice under this chapter of a six month period in which to comply or vacate;

(b) Nonpayment of rent or other charges specified in the rental agreement, upon five days written notice to pay rent and/or other charges or to vacate;

(c) Conviction of the tenant of a crime, commission of which threatens the health, safety, or welfare of the other mobile home park tenants. The tenant shall be given written notice of a fifteen day period in which to vacate;

(d) Failure of the tenant to comply with local ordinances and state laws and regulations relating to mobile homes or mobile home living within a reasonable time after the tenant's receipt of notice of such noncompliance from the appropriate governmental agency;

(e) Change of land use of the mobile home park including, but not limited to, conversion to a use other than for mobile homes or conversion of the mobile home park to a mobile home park cooperative or mobile home park subdivision: PROVIDED, That the landlord shall give the tenants twelve months' notice in advance of the proposed effective date of such change;

(f) Engaging in "drug-related activity" as defined in section 3 of this 1988 act. The tenant shall be served with a summons and complaint as specified in section 3 of this 1988 act, and the procedures set forth in section 3 of this 1988 act regarding expedited termination of tenancy shall apply to this chapter.

(2) A landlord may terminate any tenancy without cause. Such termination shall be effective twelve months from the date the landlord serves notice of termination upon the tenant or at the end of the current tenancy, whichever is later: PROVIDED, That a landlord shall not terminate a tenancy for any reason or basis which is prohibited under RCW 59.20.070 (3) or (4) or is intended to circumvent the provisions of (1)(e) of this section.

(3) Within five days of a notice of eviction as required by subsection (1)(a) or (2) of this section, the landlord and tenant shall submit any dispute, including the decision to terminate the tenancy without cause, to mediation. The parties may agree in writing to mediation by an independent third party or through industry mediation procedures. If the parties cannot agree, then mediation shall be through industry mediation procedures. A duty is imposed upon both parties to participate in the mediation process in good faith for a period of ten days for an eviction under subsection (1)(a) of this section, or for a period of thirty days for an eviction under subsection (2) of this section. It is a defense to an eviction under subsection (1)(a) or (2) of this section that a landlord did not participate in the mediation process in good faith.

Sec. 9. Section 9, chapter 186, Laws of 1979 ex. sess. and RCW 59.20.140 are each amended to read as follows:

It shall be the duty of the tenant to pay the rental amount at such times and in such amounts as provided for in the rental agreement or as otherwise provided by law and comply with all obligations imposed upon tenants by applicable provisions of all municipal, county, and state codes, statutes, ordinances and regulations, and in addition the tenant shall:

(1) Keep the mobile home lot which he occupies and uses as clean and sanitary as the conditions of the premises permit;

(2) Properly dispose of all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by the tenant on the tenant's leased premises;

(3) Not intentionally or negligently destroy, deface, damage, impair, or remove any facilities, equipment, furniture, furnishings, fixtures or appliances provided by the landlord, or permit any member of his family, invitee, or licensee, or any person acting under his control to do so; ((~~and~~))

(4) Not permit a nuisance or common waste; and

(5) Not engage in drug-related activities as defined in RCW 59.18.130.

Sec. 10. Section 18, chapter 207, Laws of 1973 1st ex. sess. and RCW 59.18.180 are each amended to read as follows:

If the tenant fails to comply with any portion of RCW 59.18.130 or 59.18.140, and such noncompliance can substantially affect the health and safety of the tenant or other tenants, or substantially increase the hazards of fire or accident that can be remedied by repair, replacement of a damaged item, or cleaning, the tenant shall comply within thirty days after written notice by the landlord specifying the noncompliance, or, in the case of emergency as promptly as conditions require. If the tenant fails to remedy the noncompliance within that period the landlord may enter the dwelling unit and cause the work to be done and submit an itemized bill of the actual and reasonable cost of repair, to be payable on the next date when periodic rent is due, or on terms mutually agreed to by the landlord and tenant, or immediately if the rental agreement has terminated. Any substantial noncompliance by the tenant of RCW 59.18.130 or 59.18.140 shall constitute a ground for commencing an action in unlawful detainer in accordance with the provisions of chapter 59.12 RCW, and a landlord may commence such action at any time after written notice pursuant to such chapter. The tenant shall have a defense to an unlawful detainer action filed solely on this ground if it is determined at the hearing authorized under the provisions of chapter 59.12 RCW that the tenant is in substantial compliance with the provisions of this section, or if the tenant remedies the noncomplying condition within the thirty day period provided for above or any shorter period determined at the hearing to have been required because of an emergency: PROVIDED, That if the defective condition is remedied after the commencement of an unlawful detainer action, the tenant may be liable to the landlord for statutory costs and reasonable attorney's fees.

If drug-related activity is alleged to be a basis for termination of tenancy under RCW 59.18.130(6), 59.12.030(5), or 59.20.140(5), the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action.

NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.