AN
ACT Relating to landlord-tenant relations; amending RCW 59.18.030, 59.18.130,
59.18.180, and 59.12.030; and adding new sections to chapter 59.18 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
59.18.030 and 1973 1st ex.s. c 207 s 3 are each amended to read as follows:
As
used in this chapter:
(1)
"Dwelling unit" is a structure or that part of a structure which is
used as a home, residence, or sleeping place by one person or by two or more
persons maintaining a common household, including but not limited to single
family residences and units of multiplexes, apartment buildings, and mobile
homes.
(2)
"Landlord" means the owner, lessor, or sublessor of the dwelling unit
or the property of which it is a part, and in addition means any person
designated as representative of the landlord.
(3)
"Person" means an individual, group of individuals, corporation,
government, or governmental agency, business trust, estate, trust, partnership,
or association, two or more persons having a joint or common interest, or any
other legal or commercial entity.
(4)
"Owner" means one or more persons, jointly or severally, in whom is
vested:
(a)
All or any part of the legal title to property; or
(b)
All or part of the beneficial ownership, and a right to present use and
enjoyment of the property.
(5)
"Premises" means a dwelling unit, appurtenances thereto, grounds, and
facilities held out for the use of tenants generally and any other area or
facility which is held out for use by the tenant.
(6)
"Rental agreement" means all agreements which establish or modify the
terms, conditions, rules, regulations, or any other provisions concerning the
use and occupancy of a dwelling unit.
(7)
A "single family residence" is a structure maintained and used as a
single dwelling unit. Notwithstanding that a dwelling unit shares one or more
walls with another dwelling unit, it shall be deemed a single family residence
if it has direct access to a street and shares neither heating facilities nor
hot water equipment, nor any other essential facility or service, with any
other dwelling unit.
(8)
A "tenant" is any person who is entitled to occupy a dwelling unit
primarily for living or dwelling purposes under a rental agreement.
(9)
"Reasonable attorney's fees", where authorized in this chapter, means
an amount to be determined including the following factors: The time and labor
required, the novelty and difficulty of the questions involved, the skill
requisite to perform the legal service properly, the fee customarily charged in
the locality for similar legal services, the amount involved and the results
obtained, and the experience, reputation and ability of the lawyer or lawyers
performing the services.
(10)
"Gang" means a group that: (a) Consists of three or more persons;
(b) has identifiable leadership or an identifiable name, sign, or symbol; and
(c) on an ongoing basis, regularly conspires and acts in concert mainly for
criminal purposes.
(11)
"Gang-related activity" means any activity that occurs within the
gang or advances a gang purpose.
Sec.
2. RCW
59.18.130 and 1992 c 38 s 2 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 or she occupies and uses as clean and
sanitary as the conditions of the premises permit;
(2)
Properly dispose from his or her 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 or her family, invitee, licensee, or any person acting under
his or her 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;
(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, 69.50, or 69.52 RCW;
(7)
Maintain the smoke detection device in accordance with the manufacturer's
recommendations, including the replacement of batteries where required for the
proper operation of the smoke detection device, as required in RCW
48.48.140(3);
(8)
Not engage in any activity at the rental premises that is:
(a)
Imminently hazardous to the physical safety of other persons on the premises;
and
(b)(i)
Entails physical assaults upon another person which result in an arrest; or
(ii)
Entails the unlawful use of a firearm or other deadly weapon as defined in RCW
9A.04.110 which results in an arrest, including threatening another tenant or
the landlord with a firearm or other deadly weapon under RCW 59.18.352.
Nothing in this subsection (8) shall authorize the termination of tenancy and
eviction of the victim of a physical assault or the victim of the use or
threatened use of a firearm or other deadly weapon; ((and))
(9)
Not engage in any gang-related activity at the premises, as defined in RCW
59.18.030, or allow another to engage in such activity at the premises, that
renders people in at least two or more dwelling units or residences insecure in
life or the use of property or that injures or endangers the safety or health
of people in at least two or more dwelling units or residences. In determining
whether a tenant is engaged in gang-related activity, a court should consider
the totality of the circumstances, including factors such as whether there have
been a significant number of complaints to the landlord about the tenant's
activities at the property, damages done by the tenant to the property,
including the property of other tenants or neighbors, harassment or threats
made by the tenant to other tenants or neighbors that have been reported to law
enforcement agencies, any police incident reports involving the tenant, and the
tenant's criminal history; and
(10)
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 or her obligations under this chapter: PROVIDED,
That the tenant shall not be charged for normal cleaning if he or she has paid
a nonrefundable cleaning fee.
Sec.
3. RCW
59.18.180 and 1992 c 38 s 3 are each amended to read as follows:
(1)
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.
(2)
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.
(3)
If activity on the premises that creates an imminent hazard to the physical
safety of other persons on the premises as defined in RCW 59.18.130(8) is
alleged to be the basis for termination of the tenancy, and the tenant is
arrested as a result of this activity, then the compliance provisions of this
section do not apply and the landlord may proceed directly to an unlawful
detainer action against the tenant who was arrested for this activity.
(4)
If gang-related activity, as prohibited under RCW 59.18.130(9), is alleged to
be the basis for termination of the tenancy, then the compliance provisions of
this section do not apply and the landlord may proceed directly to an unlawful
detainer action in accordance with chapter 59.12 RCW, and a landlord may
commence such an action at any time after written notice under chapter 59.12
RCW.
(5)
A landlord may not be held liable in any cause of action for bringing an
unlawful detainer action against a tenant for drug-related activity ((or)),
for creating an imminent hazard to the physical safety of others, or for
engaging in gang-related activity that renders people in at least two or more
dwelling units or residences insecure in life or the use of property or that
injures or endangers the safety or health of people in at least two or more
dwelling units or residences under this section, if the unlawful detainer
action was brought in good faith. Nothing in this section shall affect a
landlord's liability under RCW 59.18.380 to pay all damages sustained by the
tenant should the writ of restitution be wrongfully sued out.
NEW
SECTION. Sec. 4. A
new section is added to chapter 59.18 RCW to read as follows:
The
legislature finds and declares that the ability to feel safe and secure in
one's own home and in one's own community is of primary importance. The
legislature recognizes that certain gang-related activity can affect the safety
of a considerable number of people in the rental premises and dwelling units.
Therefore, such activity, although it may be occurring within an individual's
home or the surrounding areas of an individual's home, becomes the community's
concern.
The
legislature intends that the remedy provided in section 5 of this act be used
solely to protect the health and safety of the community. The remedy is not a
means for private citizens to bring malicious or unfounded actions against
fellow tenants or residential neighbors for personal reasons. In determining
whether the tenant's activity is the type prohibited under RCW 59.18.130(9),
the court should consider the totality of the circumstances, including factors
such as whether there have been numerous complaints to the landlord, damage to
property, police or incident reports, reports of disturbance, and arrests. An
absence of any or all of these factors does not necessarily mean gang activity
is not occurring. In determining whether the tenant is engaging in
gang-related activity, the court should consider the purpose and intent of
section 5 of this act. The legislature intends to give people in the community
a tool that will help them restore the health and vibrance of their community.
NEW
SECTION. Sec. 5. A
new section is added to chapter 59.18 RCW to read as follows:
(1)(a)
Any person whose life, safety, health, or use of property is being injured or
endangered by a tenant's gang-related activity, who has legal standing and
resides, works in, or owns property in the same multifamily building, apartment
complex, or within a one-block radius may serve the landlord with a ten-day
notice and demand that the landlord commence an unlawful detainer action
against the tenant. The notice and demand must set forth, in reasonable
detail, facts and circumstances that lead the person to believe gang-related
activity is occurring. The notice and demand shall be served by delivering a
copy personally to the landlord or the landlord's agent. If the person is
unable to personally serve the landlord after exercising due diligence, the
person may deposit the notice and demand in the mail, postage prepaid, to the
landlord's or the landlord's agent's last known address.
(b)
A copy of the notice and demand must also be served upon the tenant engaging in
the gang-related activity by delivering a copy personally to the tenant.
However, if the person is prevented from personally serving the tenant due to
threats or violence, or if personal service is not reasonable under the
circumstances, the person may deposit the notice and demand in the mail,
postage prepaid, to the tenant's address, or leave a copy of the notice and
demand in a conspicuous location at the tenant's residence.
(2)(a)
Within ten days from the time the notice and demand is served, the landlord has
a duty to take reasonable steps to investigate the tenant's alleged
noncompliance with RCW 59.18.130(9). The landlord must notify the person who
brought the notice and demand that an investigation is occurring. The landlord
has ten days from the time he or she notifies the person in which to conduct a
reasonable investigation.
(b)
If, after reasonable investigation, the landlord finds that the tenant is not
in compliance with RCW 59.18.130(9), the landlord may proceed directly to an
unlawful detainer action or take reasonable steps to ensure the tenant
discontinues the prohibited activity and complies with RCW 59.18.130(9). The
landlord shall notify the person who served the notice and demand of whatever
action the landlord takes.
(c)
If, after reasonable investigation, the landlord finds that the tenant is in
compliance with RCW 59.18.130(9), the landlord shall notify the person who
served the notice and demand of the landlord's findings.
(3)
The person who served the notice and demand may petition the appropriate court
to have the tenancy terminated and the tenant removed from the premises if:
(a) Within ten days of service of the notice and demand, the tenant fails to
discontinue the gang-related activity and the landlord fails to conduct a
reasonable investigation; or (b) the landlord notifies the person that the
landlord conducted a reasonable investigation and found that the tenant was not
engaged in gang-related activity as prohibited under RCW 59.18.130(9); or (c)
the landlord took reasonable steps to have the tenant comply with RCW
59.18.130(9), but the tenant has failed to comply within a reasonable time.
(4)
If the court finds that the tenant was not in compliance with RCW 59.18.130(9),
the court shall enter an order terminating the tenancy and requiring the tenant
to vacate the premises. The court shall not issue the order terminating the
tenancy unless it has found that the allegations of gang-related activity are
corroborated by a source other than the person who has petitioned the court.
(5)
The prevailing party shall recover reasonable attorneys' fees and costs. The
court may impose sanctions, in addition to attorneys' fees, on a person who has
brought an action under this chapter against the same tenant on more than one
occasion, if the court finds the petition was brought with the intent to
harass. However, the court must order the landlord to pay costs and reasonable
attorneys' fees to the person petitioning for termination of the tenancy if the
court finds that the landlord failed to comply with the duty to investigate,
regardless of which party prevails.
Sec.
6. RCW
59.12.030 and 1983 c 264 s 1 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, 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; ((or))
(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 RCW; or
(7) When he or she commits or permits any gang-related activity
at the premises as prohibited by RCW 59.18.130.
