BP BHEAD INT S [atlas:bill]

AN ACT Relating to cause for eviction under the landlord-tenant act; and amending RCW 59.18.180.

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

Sec. 1. RCW 59.18.180 and 1998 c 276 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.)) A landlord shall not terminate or fail to renew a tenancy of a tenant or the occupancy of an occupant, of whatever duration, except for one or more of the following reasons:

(a) Substantial violation, or repeated or periodic violations, of the rental agreement, 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 59.18.130. The tenant must be given written notice to cease the violation immediately. The notice must state that failure to cease the violation or any subsequent violation of that or any other term of the lease will result in termination of the tenancy, and that the tenant shall vacate the premises within fifteen days. For a periodic violation, the notice must also specify that repetition of the same violation will result in termination.

(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 tenants. The tenant must be given written notice of a fifteen-day period in which to vacate;

(d) Engaging in criminal activity. "Criminal activity" means a criminal act defined by statute or ordinance that threatens the health, safety, or welfare of the tenants. A landlord seeking to evict a tenant or occupant under this subsection need not produce evidence of a criminal conviction even if the alleged misconduct constitutes a criminal offense. Notice from a law enforcement agency of criminal activity constitutes sufficient grounds, but not the only grounds, for an eviction under this subsection. Notification of the seizure of illegal drugs under RCW 59.20.155 is evidence of criminal activity and is grounds for an eviction under this subsection. The requirement that any tenant or occupant register as a sex offender under RCW 9A.44.130 is grounds for eviction under this subsection. If criminal activity is alleged to be a basis of termination, the landlord may proceed directly to an unlawful detainer action;

(e) The tenant's application for tenancy contained a material misstatement that induced the landlord to approve the tenant, and the landlord discovers and acts upon the misstatement within one year of the time the resident began paying rent;

(f) If the landlord serves a tenant three fifteen‑day notices within a twelve‑month period to comply or vacate for failure to comply with the material terms of the rental agreement. The applicable twelve‑month period commences on the date of the first violation;

(g) The tenant engages in disorderly or substantially annoying conduct upon the premises that results in the destruction of the rights of others to the peaceful enjoyment and use of the premises. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy, and that the tenant shall vacate the premises within fifteen days;

(h) The tenant creates a nuisance that materially affects the health, safety, and welfare of other residents. The landlord shall give the tenant written notice to cease the conduct that constitutes a nuisance immediately. The notice must state that failure to cease the conduct will result in termination of the tenancy, and that the tenant shall vacate the premises in five days;

(i) Any other substantial, just cause that materially affects the health, safety, and welfare of other tenants. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy, and that the tenant shall vacate the premises within fifteen days; or

(j) Failure to pay rent by the due date provided for in the rental agreement three or more times in a twelve‑month period, commencing with the date of the first violation, after service of a five‑day notice to comply or vacate.

(2) The tenant shall have a defense to an unlawful detainer action filed solely ((on)) under this ((~~ground~~)) section 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~~)) applicable time 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)~~)) (3) 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)~~)) (4) 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)~~)) (5) 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)~~)) (6) 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, 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.