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AN ACT Relating to eviction reform and tenant safety; amending 1
RCW 59.12.050, 59.18.050, 59.18.365, 59.18.370, 59.18.380, 59.18.640, 2
59.18.130, 59.18.180, 59.18.650, and 59.18.650; creating a new 3
section; providing an effective date; and providing an expiration 4
date. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature finds that changes to the 7
residential landlord-tenant act since 2018 have lengthened the amount 8
of time that it takes to complete an unlawful detainer action and 9
complicated the process for both landlords and tenants. The 10
legislature further finds that these changes have restricted the 11
ability of both not-for-profit and for-profit housing providers to 12
operate safe and functional rental housing. The legislature finds 13
that affordable housing communities are currently suffering the most 14
from the impact of the current regulatory regime, with many 15
affordable housing organizations questioning their ability to 16
continue to operate.17
Sec. 2. RCW 59.12.050 and 1891 c 96 s 6 are each amended to read 18
as follows: 19
S-1019.1
SENATE BILL 5740
State of Washington 69th Legislature 2025 Regular Session
By Senators Braun and Chapman
Read first time 02/13/25. Referred to Committee on Housing.
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(1) The superior court of the county in which the property or 1
some part of it is situated shall have jurisdiction of proceedings 2
under this chapter. 3
(2) In each county, the superior court may appoint one or more 4
attorneys to act as commissioners pursuant to this chapter to 5
exercise all powers and perform all duties of a court commissioner 6
appointed pursuant to RCW 2.24.010. A person appointed under this 7
chapter as a court commissioner may also be appointed to any other 8
commissioner position authorized by law. The county legislative 9
authority must approve the creation of court commissioner positions 10
pursuant to this chapter.11
Sec. 3. RCW 59.18.050 and 1973 1st ex.s. c 207 s 5 are each 12
amended to read as follows: 13
(1) The district or superior courts of this state may exercise 14
jurisdiction over any landlord or tenant with respect to any conduct 15
in this state governed by this chapter or with respect to any claim 16
arising from a transaction subject to this chapter within the 17
respective jurisdictions of the district or superior courts as 18
provided in Article IV, section 6 of the Constitution of the state of 19
Washington. 20
(2) In each county, the superior court may appoint one or more 21
attorneys to act as commissioners pursuant to this chapter to 22
exercise all powers and perform all duties of a court commissioner 23
appointed pursuant to RCW 2.24.010. A person appointed under this 24
chapter as a court commissioner may also be appointed to any other 25
commissioner position authorized by law. The county legislative 26
authority must approve the creation of court commissioner positions 27
pursuant to this chapter.28
Sec. 4. RCW 59.18.365 and 2021 c 115 s 11 are each amended to 29
read as follows: 30
(1) The summons must contain the names of the parties to the 31
proceeding, the attorney or attorneys if any, the court in which the 32
same is brought, the nature of the action, in concise terms, and the 33
relief sought, and also the return day; and must notify the defendant 34
to appear and answer within the time designated or that the relief 35
sought will be taken against him or her. The summons must contain a 36
street address for service of the notice of appearance or answer and, 37
if available, a facsimile number for the plaintiff or the plaintiff's 38
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attorney, if represented. The summons must be served and returned in 1
the same manner as a summons in other actions is served and returned.2
(2) A defendant may serve a copy of an answer or notice of 3
appearance by any of the following methods: 4
(a) By delivering a copy of the answer or notice of appearance to 5
the person who signed the summons at the street address listed on the 6
summons; 7
(b) By mailing a copy of the answer or notice of appearance 8
addressed to the person who signed the summons to the street address 9
listed on the summons; 10
(c) By facsimile to the facsimile number listed on the summons. 11
Service by facsimile is complete upon successful transmission to the 12
facsimile number listed upon the summons; 13
(d) As otherwise authorized by the superior court civil rules.14
(3) The summons for unlawful detainer actions for tenancies 15
covered by this chapter shall be substantially in the following form:16
IN THE SUPERIOR COURT OF THE 17
STATE OF WASHINGTON 18
IN AND 19
FOR . . . . . . COUNTY 20
21
22
23
24
25
26
27
Plaintiff/
Landlord/
Owner,
NO.
28
29
vs. EVICTION SUMMONS
(Residential)
30
31
32
Defendant/
Tenant/
Occupant.
THIS IS AN IMPORTANT LEGAL DOCUMENT TO EVICT YOU.33
YOUR WRITTEN34
RESPONSE MUST BE RECEIVED BY: 5:00 p.m., on . . . . . . . . .35
TO: . . . . . . . . . . . . (Defendant's Name) 36
. . . . . . . . . . . . (Defendant's Address) 37
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GET HELP: If you do not respond by the deadline above, you will 1
lose your right to defend yourself or be represented by a lawyer if 2
you cannot afford one in court and could be evicted. The court may be 3
able to appoint a lawyer to represent you without cost to you if you 4
are low-income and are unable to afford a lawyer. If you believe you 5
are a qualifying low-income renter and would like an attorney 6
appointed to represent you, please contact the Eviction Defense 7
Screening Line at 855-657-8387 or apply online at https://8
nwjustice.org/apply-online. For additional resources, you may call 9
2-1-1 or the Northwest Justice Project CLEAR Hotline outside King 10
County (888) 201-1014 weekdays between 9:15 a.m. – 12:15 p.m., or 11
(888) 387-7111 for seniors (age 60 and over). You may find additional 12
information to help you at http://www.washingtonlawhelp.org. ((Free 13
or low-cost mediation services to assist in nonpayment of rent 14
disputes before any judicial proceedings occur are also available at 15
dispute resolution centers throughout the state. You can find your 16
nearest dispute resolution center at https://www.resolutionwa.org.))17
HOW TO RESPOND: Phone calls to your Landlord or your Landlord's 18
lawyer are not a response. ((You may respond with a "notice of 19
appearance.")) To defend against this lawsuit, you must respond to 20
the complaint by stating your defense in writing and by serving a 21
copy upon the person signing this summons. If you do not respond on 22
or before the deadline stated above, a default judgment may be 23
entered against you without notice. A default judgment is one where 24
the plaintiff is entitled to what she or he asks for because you have 25
not responded.26
If you serve a notice of appearance on the undersigned person, 27
you are entitled to notice before a default judgment may be entered. 28
This is a letter that includes the following: 29
(1) A statement that you are appearing in the court case30
(2) Names of the landlord(s) and the tenant(s) (as listed above)31
(3) Your name, your address where legal documents may be sent, 32
your signature, phone number (if any), and case number (if the case 33
is filed) 34
This case □ is / □ is not filed with the court. If this case is 35
filed, you need to also file your response with the court by 36
delivering a copy to the clerk of the court at: . . . . . . . . . . . 37
(Clerk's Office/Address/Room number/Business hours of court clerk)38
WHERE TO RESPOND: You must mail, fax, or hand deliver your 39
response letter to your Landlord's lawyer, or if no lawyer is named 40
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in the complaint, to your Landlord. If you mail the response letter, 1
you must do it 3 days before the deadline above. Request receipt of a 2
proof of mailing from the post office. If you hand deliver or fax it, 3
you must do it by the deadline above. The address is:4
. . . . . . . . . (Attorney/Landlord Name) 5
. . . . . . . . . (Address)6
. . . . . . . . . (Fax - required if available)7
COURT DATE: If you respond to this Summons, you will be notified 8
of your hearing date in a document called an "Order to Show Cause." 9
This is usually mailed to you. If you are appointed a lawyer, this 10
notice will be sent to your lawyer. If you get notice of a hearing, 11
you must go to the hearing . If you do not show up, your landlord can 12
evict you. Your landlord might also charge you more money. If you 13
move before the court date, you must tell your landlord or the 14
landlord's attorney. 15
This summons is issued pursuant to RCW 59.18.365 and Rule 4 of 16
the superior court civil rules of the state of Washington.17
(Signed). . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Print or Type name. . . . . . . . . . . . . . . . . . . . . . . 19
Dated:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Sec. 5. RCW 59.18.370 and 2005 c 130 s 2 are each amended to 21
read as follows: 22
The plaintiff, at the time of commencing an action of forcible 23
entry or detainer or unlawful detainer, or at any time afterwards, 24
upon filing the complaint, may apply to the superior court in which 25
the action is pending for an order directing the defendant to appear 26
and show cause, if any he or she has, why a writ of restitution 27
should not issue restoring to the plaintiff possession of the 28
property in the complaint described, and the judge shall by order fix 29
a time and place for a hearing of the motion, which shall not be less 30
than seven nor more than ((thirty)) 30 days from the date of 31
((service of the order upon defendant )) presentation of the motion . A 32
copy of the order, together with a copy of the summons and complaint 33
if not previously served upon the defendant, shall be served upon the 34
defendant not less than seven days prior to the date of the hearing . 35
The order shall notify the defendant that if he or she fails to file 36
a written answer, appear, and show cause at the time and place 37
specified by the order the court may order the sheriff to restore 38
possession of the property to the plaintiff and may grant such other 39
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relief as may be prayed for in the complaint and provided by this 1
chapter. 2
Sec. 6. RCW 59.18.380 and 2011 c 132 s 18 are each amended to 3
read as follows: 4
(1) At the time and place fixed for the hearing of plaintiff's 5
motion for a writ of restitution, the defendant, or any person in 6
possession or claiming possession of the property, may ((answer, 7
orally or in writing, and assert )) present evidence in support of any 8
legal or equitable defense or set-off arising out of the tenancy ((. 9
If the answer is oral the substance thereof shall be endorsed on the 10
complaint by the court. )) and specified in the written answer. If a 11
written answer is not filed prior to the date of the hearing, the 12
defendant, or any person in possession or claiming possession of the 13
property, shall be limited to disputing whether the plaintiff has met 14
the burden of proof.15
(2) The court shall examine the parties and witnesses orally to 16
ascertain the merits of the complaint and answer, and if it shall 17
appear by a preponderance of the evidence that the plaintiff has the 18
right to be restored to possession of the property, the court shall 19
enter an order directing the issuance of a writ of restitution, 20
returnable ((ten)) 10 days after its date, restoring to the plaintiff 21
possession of the property ((and if )). If it shall appear to the 22
court that there is no substantial issue of material fact of the 23
right of the plaintiff to be granted other relief as prayed for in 24
the complaint and provided for in this chapter, the court may enter 25
an order and judgment granting so much of such relief as may be 26
sustained by the proof, and the court may grant such other relief as 27
may be prayed for in the plaintiff's complaint and provided for in 28
this chapter, then the court shall enter an order denying any relief 29
sought by the plaintiff for which the court has determined that the 30
plaintiff has no right as a matter of law: PROVIDED, That within 31
three days after the service of the writ of restitution issued prior 32
to final judgment, the defendant, or person in possession of the 33
property, may, in any action for the recovery of possession of the 34
property for failure to pay rent, stay the execution of the writ 35
pending final judgment by paying into court or to the plaintiff, as 36
the court directs, all rent found to be due, and in addition by 37
paying, on a monthly basis pending final judgment, an amount equal to 38
the monthly rent called for by the lease or rental agreement at the 39
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time the complaint was filed: PROVIDED FURTHER, That before any writ 1
shall issue prior to final judgment the plaintiff shall execute to 2
the defendant and file in the court a bond in such sum as the court 3
may order, with sufficient surety to be approved by the clerk, 4
conditioned that the plaintiff will prosecute his or her action 5
without delay, and will pay all costs that may be adjudged to the 6
defendant, and all damages which he or she may sustain by reason of 7
the writ of restitution having been issued, should the same be 8
wrongfully sued out. The court shall also enter an order directing 9
the parties to proceed to trial on the complaint and answer in the 10
usual manner. 11
(3) If it appears to the court that by a preponderance of the 12
evidence the plaintiff should not be restored to possession of the 13
property, the court shall deny plaintiff's motion for a writ of 14
restitution and enter an order directing the parties to proceed to 15
trial within thirty days on the complaint and answer. If it appears 16
to the court that there is a substantial issue of material fact as to 17
whether or not the plaintiff is entitled to other relief as is prayed 18
for in plaintiff's complaint and provided for in this chapter, or 19
that there is a genuine issue of a material fact pertaining to a 20
legal or equitable defense or set-off raised in the defendant's 21
answer, the court shall grant or deny so much of plaintiff's other 22
relief sought and so much of defendant's defenses or set-off claimed, 23
as may be proper. 24
(4) If the court orders trial on any issue, it shall still grant 25
relief as described above for any issue which it determines does not 26
require trial. In its order setting trial, the court shall identify 27
with specificity each issue requiring trial and shall grant 28
appropriate relief to the appropriate party on all other issues. The 29
provisions of superior court civil rule 54 (b) do not apply to any 30
order entered at a show cause hearing held pursuant to this section.31
(5) The hearing described in this section may not be continued on 32
grounds of availability or unavailability of indigent counsel 33
appointed pursuant to RCW 59.18.640 unless counsel for the defendant 34
was assigned at least seven days prior to the date of the hearing.35
Sec. 7. RCW 59.18.640 and 2021 c 115 s 8 are each amended to 36
read as follows: 37
(1) Subject to the availability of amounts appropriated for this 38
specific purpose, the court must appoint an attorney for an indigent 39
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tenant in an unlawful detainer proceeding under this chapter and 1
chapter((s 59.12 and)) 59.20 RCW. The office of civil legal aid is 2
responsible for implementation of this subsection as provided in RCW 3
2.53.050, and the state shall pay the costs of legal services 4
provided by an attorney appointed pursuant to this subsection. In 5
implementing this section, the office of civil legal aid shall assign 6
priority to providing legal representation to indigent tenants in 7
those counties in which the most evictions occur and to indigent 8
tenants who are disproportionately at risk of eviction.9
(2) For purposes of this section, "indigent" means any person 10
who, at any stage of a court proceeding, is: 11
(a) Receiving one of the following types of public assistance: 12
Temporary assistance for needy families, aged, blind, or disabled 13
assistance benefits, medical care services under RCW 74.09.035, 14
pregnant women assistance benefits, poverty-related veterans' 15
benefits, food stamps or food stamp benefits transferred 16
electronically, refugee resettlement benefits, medicaid, or 17
supplemental security income; or 18
(b) Receiving an annual income, after taxes, of 200 percent or 19
less of the current federally established poverty level.20
(3)(a) An attorney may not be appointed for an indigent tenant 21
pursuant to this section unless the office of civil legal aid 22
receives the following information prior to the defendant's response 23
deadline specified in the summons:24
(i) Documented verification that the tenant meets the public 25
assistance criteria described in subsection (2)(a) of this section; 26
or27
(ii) Documented verification that the tenant meets the income 28
criteria described in subsection (2)(b) of this section.29
(b) The office of civil legal aid shall require documented 30
verification of income or participation in a public assistance 31
program as described in this subsection (3).32
(4) A party may not recover legal fees for legal services 33
provided pursuant to this section.34
Sec. 8. RCW 59.18.130 and 2023 c 331 s 6 are each amended to 35
read as follows: 36
Each tenant shall pay the rental amount at such times and in such 37
amounts as provided for in the rental agreement or as otherwise 38
provided by law and comply with all obligations imposed upon tenants 39
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by applicable provisions of all municipal, county, and state codes, 1
statutes, ordinances, and regulations, and in addition shall:2
(1) Keep that part of the premises which he or she occupies and 3
uses as clean and sanitary as the conditions of the premises permit;4
(2) Properly dispose from his or her dwelling unit all rubbish, 5
garbage, and other organic or flammable waste, in a clean and 6
sanitary manner at reasonable and regular intervals, and assume all 7
costs of extermination and fumigation for infestation caused by the 8
tenant; 9
(3) Properly use and operate all electrical, gas, heating, 10
plumbing and other fixtures and appliances supplied by the landlord;11
(4) Not intentionally or negligently destroy, deface, damage, 12
impair, or remove any part of the structure or dwelling, with the 13
appurtenances thereto, including the facilities, equipment, 14
furniture, furnishings, and appliances, or permit any member of his 15
or her family, invitee, licensee, or any person acting under his or 16
her control to do so. Violations may be prosecuted under chapter 17
9A.48 RCW if the destruction is intentional and malicious;18
(5) Not permit a nuisance or common waste; 19
(6) Not engage in drug-related activity at the rental premises, 20
or allow a subtenant, sublessee, resident, or anyone else to engage 21
in drug-related activity at the rental premises with the knowledge or 22
consent of the tenant. "Drug-related activity" means that activity 23
which constitutes a violation of chapter 69.41, 69.50, or 69.52 RCW;24
(7) Maintain the smoke detection device in accordance with the 25
manufacturer's recommendations, including the replacement of 26
batteries where required for the proper operation of the smoke 27
detection device, as required in RCW 43.44.110(3);28
(8) Not engage in any activity at the rental premises that is:29
(a) Imminently hazardous to the physical safety of other persons 30
on the premises; and 31
(b)(i) Entails physical assaults upon another person ((which 32
result in an arrest)); or 33
(ii) Entails the unlawful use of a firearm or other deadly weapon 34
as defined in RCW 9A.04.110 ((which results in an arrest )), including 35
threatening another tenant or the landlord with a firearm or other 36
deadly weapon under RCW 59.18.352. Nothing in this subsection (8) 37
shall authorize the termination of tenancy and eviction of the victim 38
of a physical assault or the victim of the use or threatened use of a 39
firearm or other deadly weapon; 40
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(9) Not engage in any gang-related activity at the premises, as 1
defined in RCW 59.18.030, or allow another to engage in such activity 2
at the premises, that renders people in at least two or more dwelling 3
units or residences insecure in life or the use of property or that 4
injures or endangers the safety or health of people in at least two 5
or more dwelling units or residences. In determining whether a tenant 6
is engaged in gang-related activity, a court should consider the 7
totality of the circumstances, including factors such as whether 8
there have been a significant number of complaints to the landlord 9
about the tenant's activities at the property, damages done by the 10
tenant to the property, including the property of other tenants or 11
neighbors, harassment or threats made by the tenant to other tenants 12
or neighbors that have been reported to law enforcement agencies, any 13
police incident reports involving the tenant, and the tenant's 14
criminal history; and 15
(10) Upon termination and vacation, restore the premises to their 16
initial condition except for wear resulting from ordinary use of the 17
premises or conditions caused by failure of the landlord to comply 18
with his or her obligations under this chapter. The tenant shall not 19
be charged for normal cleaning if he or she has paid a nonrefundable 20
cleaning fee. 21
Sec. 9. RCW 59.18.180 and 2011 c 132 s 10 are each amended to 22
read as follows: 23
(1) ((If the tenant fails to comply with any portion of RCW 24
59.18.130 or 59.18.140, and such noncompliance can (a) substantially 25
affect the health and safety of the tenant or other tenants, or 26
substantially increase the hazards of fire or accident, and (b) be 27
remedied by repair, replacement of a damaged item, or cleaning, the 28
tenant shall comply within thirty days after written notice by the 29
landlord specifying the noncompliance, or, in the case of emergency 30
as promptly as conditions require. If the tenant fails to remedy the 31
noncompliance within that period the landlord may enter the dwelling 32
unit and cause the work to be done and submit an itemized bill of the 33
actual and reasonable cost of repair, to be payable on the next date 34
when periodic rent is due, or on terms mutually agreed to by the 35
landlord and tenant, or immediately if the rental agreement has 36
terminated. The tenant shall have a defense to an unlawful detainer 37
action filed solely on this ground if it is determined at the hearing 38
authorized under the provisions of chapter 59.12 RCW that the tenant 39
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is in substantial compliance with the provisions of this section, or 1
if the tenant remedies the noncomplying condition within the thirty 2
day period provided for above or any shorter period determined at the 3
hearing to have been required because of an emergency: PROVIDED, That 4
if the defective condition is remedied after the commencement of an 5
unlawful detainer action, the tenant may be liable to the landlord 6
for statutory costs and reasonable attorneys' fees.7
(2) Any other )) Except as provided in (a) through (c) of this 8
subsection (1), substantial noncompliance by the tenant of RCW 9
59.18.130 or 59.18.140 constitutes a ground for commencing an action 10
in unlawful detainer in accordance with chapter 59.12 RCW. A landlord 11
may commence such action at any time after written notice pursuant to 12
chapter 59.12 RCW. 13
(((3))) (a) If drug-related activity is alleged to be a basis for 14
termination of tenancy under RCW 59.18.130(6), 59.12.030(5), or 15
59.20.140(5), the compliance provisions of this section do not apply 16
and the landlord may proceed directly to an unlawful detainer action.17
(((4))) (b) If criminal activity on the premises as described in 18
RCW 59.18.130(8) is alleged to be the basis for termination of the 19
tenancy, and the ((tenant is arrested as a result of this )) activity 20
results in the tenant's custodial or noncustodial arrest , then the 21
compliance provisions of this section do not apply and the landlord 22
may proceed directly to an unlawful detainer action against the 23
tenant who was arrested for this activity. 24
(((5))) (c) If gang-related activity, as prohibited under RCW 25
59.18.130(9), is alleged to be the basis for termination of the 26
tenancy, then the compliance provisions of this section do not apply 27
and the landlord may proceed directly to an unlawful detainer action 28
in accordance with chapter 59.12 RCW, and a landlord may commence 29
such an action at any time after written notice under chapter 59.12 30
RCW. 31
(((6))) (2) A landlord may not be held liable in any cause of 32
action for bringing an unlawful detainer action against a tenant for 33
drug-related activity, for creating an imminent hazard to the 34
physical safety of others, or for engaging in gang-related activity 35
that renders people in at least two or more dwelling units or 36
residences insecure in life or the use of property or that injures or 37
endangers the safety or health of people in at least two or more 38
dwelling units or residences under this section, if the unlawful 39
detainer action was brought in good faith. Nothing in this section 40
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shall affect a landlord's liability under RCW 59.18.380 to pay all 1
damages sustained by the tenant should the writ of restitution be 2
wrongfully sued out. 3
Sec. 10. RCW 59.18.650 and 2021 c 212 s 2 are each amended to 4
read as follows: 5
(1)(a) A landlord may ((not)) evict a tenant, refuse to continue 6
a tenancy, or end a periodic tenancy ((except)) only for the causes 7
enumerated in ((subsection (2) of this section and as otherwise 8
provided in this subsection )) this chapter. A landlord may end a 9
tenancy without cause only as provided in (b) and (c) of this 10
subsection (1). 11
(b) If a landlord and tenant enter into a rental agreement that 12
provides for the tenancy to continue for an indefinite period on a 13
month-to-month or periodic basis after the agreement expires, ((the 14
landlord may not end the tenancy except for the causes enumerated in 15
subsection (2) of this section; however, a landlord may end such a 16
tenancy at the end of the initial period of the rental agreement 17
without cause only if:18
(i) At the inception of the tenancy, the landlord and tenant 19
entered into a rental agreement between six and 12 months; and20
(ii) The)) and the landlord has provided the tenant before the 21
end of the initial lease period at least 60 days' advance written 22
notice ending the tenancy, served in a manner consistent with RCW 23
59.12.040, then a landlord may end such a tenancy at the end of the 24
initial period of the rental agreement without cause.25
(c) If a landlord and tenant enter into a rental agreement for a 26
specified period in which the tenancy by the terms of the rental 27
agreement does not continue for an indefinite period on a month-to-28
month or periodic basis after the end of the specified period, ((the 29
landlord may end such a tenancy without cause upon expiration of the 30
specified period only if:31
(i) At the inception of the tenancy, the landlord and tenant 32
entered into a rental agreement of 12 months or more for a specified 33
period, or the landlord and tenant have continuously and without 34
interruption entered into successive rental agreements of six months 35
or more for a specified period since the inception of the tenancy;36
(ii) The)) and the landlord has provided the tenant before the 37
end of the specified period at least 60 days' advance written notice 38
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that the tenancy will be deemed expired at the end of such specified 1
period, served in a manner consistent with RCW 59.12.040((; and2
(iii) The tenancy has not been for an indefinite period on a 3
month-to-month or periodic basis at any point since the inception of 4
the tenancy. However, for any tenancy of an indefinite period in 5
existence as of May 10, 2021, if the landlord and tenant enter into a 6
rental agreement between May 10, 2021, and three months following the 7
expiration of the governor's proclamation 20-19.6 or any extensions 8
thereof, the landlord may exercise rights under this subsection 9
(1)(c) as if the rental agreement was entered into at the inception 10
of the tenancy provided that the rental agreement is otherwise in 11
accordance with this subsection (1)(c))), then a landlord may end 12
such a tenancy at the end of the initial period of the rental 13
agreement without cause. 14
(d) For all other tenancies of a specified period not covered 15
under (b) or (c) of this subsection, and for tenancies of an 16
indefinite period on a month-to-month or periodic basis, a landlord 17
may not end the tenancy except for the causes enumerated in 18
((subsection (2) of this section)) this chapter. Upon the end date of 19
the tenancy of a specified period, the tenancy becomes a month-to-20
month tenancy. 21
(e) Nothing prohibits a landlord and tenant from entering into 22
subsequent lease agreements that are in compliance with the 23
requirements in subsection (2) of this section. 24
(f) A tenant may end a tenancy for a specified time by providing 25
notice in writing not less than 20 days prior to the ending date of 26
the specified time. 27
(2) ((The following reasons listed in this subsection constitute 28
cause pursuant to subsection (1) of this section )) A landlord may 29
evict a tenant, refuse to continue a tenancy, or end a periodic 30
tenancy for any of the following causes: 31
(a) The tenant continues in possession in person or by subtenant 32
after a default in the payment of rent, and after written notice 33
requiring, in the alternative, the payment of the rent or the 34
surrender of the detained premises has remained uncomplied with for 35
the period set forth in RCW 59.12.030(3) for tenants subject to this 36
chapter. The written notice may be served at any time after the rent 37
becomes due; 38
(b) The tenant continues in possession after substantial breach 39
of a material program requirement of subsidized housing, material 40
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term subscribed to by the tenant within the lease or rental 1
agreement, or a tenant obligation imposed by law, other than one for 2
monetary damages, and after the landlord has served written notice 3
specifying the acts or omissions constituting the breach and 4
requiring, in the alternative, that the breach be remedied or the 5
rental agreement will end, and the breach has not been adequately 6
remedied by the date specified in the notice, which date must be at 7
least 10 days after service of the notice; 8
(c) The tenant continues in possession after having received at 9
least three days' advance written notice to quit after he or she 10
commits or permits waste or nuisance upon the premises, unlawful 11
activity that affects the use and enjoyment of the premises, or other 12
substantial or repeated and unreasonable interference with the 13
health, safety, and welfare of, or use and enjoyment of the premises 14
by, the landlord or neighbors of the tenant; 15
(d) The tenant continues in possession after the landlord of a 16
dwelling unit in good faith seeks possession so that the owner or his 17
or her immediate family may occupy the unit as that person's 18
principal residence and no substantially equivalent unit is vacant 19
and available to house the owner or his or her immediate family in 20
the same building, and the owner has provided at least 90 days' 21
advance written notice of the date the tenant's possession is to end. 22
There is a rebuttable presumption that the owner did not act in good 23
faith if the owner or immediate family fails to occupy the unit as a 24
principal residence for at least 60 consecutive days during the 90 25
days immediately after the tenant vacated the unit pursuant to a 26
notice to vacate using this subsection (2)(d) as the cause for the 27
lease ending; 28
(e) The tenant continues in possession after the owner elects to 29
sell a single dwelling unit, which includes but is not limited to a 30
single-family residence, a condominium unit, a townhouse unit, or any 31
other similar type of dwelling unit, and the landlord has provided at 32
least 90 days' advance written notice of the date the tenant's 33
possession is to end. For the purposes of this subsection (2)(e), an 34
owner "elects to sell" when the owner makes reasonable attempts to 35
sell the ((dwelling)) unit within 30 days after the tenant has 36
vacated, including, at a minimum, listing it for sale at a reasonable 37
price with a realty agency or advertising it for sale at a reasonable 38
price by listing it on the real estate multiple listing service. 39
p. 14 SB 5740
There shall be a rebuttable presumption that the owner did not intend 1
to sell the unit if: 2
(i) Within 30 days after the tenant has vacated, the owner does 3
not list the ((single-family dwelling)) unit for sale at a reasonable 4
price with a realty agency or advertise it for sale at a reasonable 5
price by listing it on the real estate multiple listing service; or6
(ii) Within 90 days after the date the tenant vacated or the date 7
the property was listed for sale, whichever is later, the owner 8
withdraws the ((rental)) unit from the market, the landlord rents the 9
unit to someone other than the former tenant, or the landlord 10
otherwise indicates that the owner does not intend to sell the unit;11
(f) The tenant continues in possession of the premises after the 12
landlord serves the tenant with advance written notice pursuant to 13
RCW 59.18.200(2)(c); 14
(g) The tenant continues in possession after the owner elects to 15
withdraw the premises to pursue a conversion pursuant to RCW 16
64.34.440 or 64.90.655; 17
(h) The tenant continues in possession, after the landlord has 18
provided at least 30 days' advance written notice to vacate that: (i) 19
The premises has been certified or condemned as uninhabitable by a 20
local agency charged with the authority to issue such an order; and 21
(ii) continued habitation of the premises would subject the landlord 22
to civil or criminal penalties. However, if the terms of the local 23
agency's order do not allow the landlord to provide at least 30 days' 24
advance written notice, the landlord must provide as much advance 25
written notice as is possible and still comply with the order;26
(i) The tenant continues in possession after an owner or lessor, 27
with whom the tenant shares the dwelling unit or access to a common 28
kitchen or bathroom area, has served at least 20 days' advance 29
written notice to vacate prior to the end of the rental term or, if a 30
periodic tenancy, the end of the rental period; 31
(j) The tenant continues in possession of a dwelling unit in 32
transitional housing after having received at least 30 days' advance 33
written notice to vacate ((in advance of the expiration of the 34
transitional housing program, the tenant has aged out of the 35
transitional housing program, or the tenant has completed an 36
educational or training or service program and is no longer eligible 37
to participate in the transitional housing program )). Nothing in this 38
subsection (2)(j) prohibits the ending of a tenancy in transitional 39
p. 15 SB 5740
housing for any of the other causes specified in this ((subsection)) 1
chapter; 2
(k) The tenant continues in possession of a dwelling unit after 3
the expiration of a rental agreement without signing a proposed new 4
rental agreement proffered by the landlord; provided, that the 5
landlord proffered the proposed new rental agreement at least 30 days 6
prior to the expiration of the current rental agreement and that any 7
new terms and conditions of the proposed new rental agreement are 8
reasonable. This subsection (2)(k) does not apply to tenants whose 9
tenancies are or have become periodic; 10
(l) The tenant continues in possession after having received at 11
least 30 days' advance written notice to vacate due to ((intentional, 12
knowing, and )) a material misrepresentation ((s)) or omission ((s)) 13
made on the tenant's application at the inception of the tenancy 14
that, had ((these)) the misrepresentation((s)) or omission ((s)) not 15
been made, would have resulted in the landlord requesting additional 16
information or taking an adverse action; 17
(m) The tenant continues in possession after having received at 18
least 60 days' advance written notice to vacate for other good cause 19
prior to the end of the period or rental agreement and such cause 20
constitutes a legitimate economic or business reason not covered ((or 21
related to a )) by another basis for ending the lease ((as)) 22
enumerated ((under this subsection (2). When the landlord relies on 23
this basis for ending the tenancy, the court may stay any writ of 24
restitution for up to 60 additional days for good cause shown, 25
including difficulty procuring alternative housing. The court must 26
condition such a stay upon the tenant's continued payment of rent 27
during the stay period. Upon granting such a stay, the court must 28
award court costs and fees as allowed under)) in this chapter;29
(n)(i) The tenant continues in possession after having received 30
at least 60 days' written notice to vacate prior to the end of the 31
period or rental agreement ((and)), the tenant has committed four or 32
more of the following violations ((, other than ones for monetary 33
damages,)) within the preceding 12-month period, ((the tenant has 34
remedied or cured the violation, )) and the landlord ((has)) provided 35
the tenant with a written warning notice at the time of each 36
violation: A substantial breach of a material program requirement of 37
subsidized housing, a substantial breach of a material term 38
subscribed to by the tenant within the lease or rental agreement, a 39
substantial or repeated and unreasonable interference with the 40
p. 16 SB 5740
health, safety, and welfare of, or use and enjoyment of the premises 1
by, the landlord or neighbors of the tenant, or a substantial breach 2
of a tenant obligation imposed by law; 3
(ii) Each written warning notice must((:4
(A) Specify the violation;5
(B) Provide the tenant an opportunity to cure the violation;6
(C) State)) state that the landlord may choose to end the tenancy 7
at the end of the rental term if there are four violations within a 8
12-month period preceding the end of the term ((;)), and (((D) State)) 9
state that correcting the fourth or subsequent violation is not a 10
defense to the ending of the lease under this subsection((;11
(iii) The 60-day notice to vacate must:12
(A) State that the rental agreement will end upon the specified 13
ending date for the rental term or upon a designated date not less 14
than 60 days after the delivery of the notice, whichever is later;15
(B) Specify the reason for ending the lease and supporting facts; 16
and17
(C) Be served to the tenant concurrent with or after the fourth 18
or subsequent written warning notice;19
(iv) The notice under this subsection must include all notices 20
supporting the basis of ending the lease;21
(v) Any notices asserted under this subsection must pertain to 22
four or more separate incidents or occurrences; and23
(vi))). This subsection (2)(n) does not absolve a landlord from 24
demonstrating by admissible evidence that the four or more violations 25
constituted breaches under (b) of this subsection at the time of the 26
violation ((had the tenant not remedied or cured the violation));27
(o) The tenant continues in possession after having received at 28
least ((60)) 30 days' advance written notice to vacate prior to the 29
end of the rental period or rental agreement if the tenant is 30
required to register as a sex offender during the tenancy, or failed 31
to disclose a requirement to register as a sex offender when required 32
in the rental application or otherwise known to the property owner at 33
the beginning of the tenancy; 34
(p) The tenant continues in possession after having received at 35
least 20 days' advance written notice to vacate prior to the end of 36
the rental period or rental agreement if the tenant has made unwanted 37
sexual advances or other acts of sexual harassment directed at the 38
property owner, property manager, property employee, ((or)) another 39
tenant ((based on the person's race, gender, or other protected 40
p. 17 SB 5740
status in violation of any covenant or term in the lease )), or any 1
other person on or near the property;2
(q) The tenant, occupant, or guest of the tenant or occupant 3
engages in drug-related activity on or near the premises as described 4
in RCW 59.18.130(6), 59.12.030(5), or 59.20.140(5);5
(r) The tenant, occupant, or guest of the tenant or occupant 6
engages in criminal activity on or near the premises as described in 7
RCW 59.18.130(8) and the activity results in the arrest of the 8
tenant, occupant, or guest of the tenant or occupant;9
(s) The tenant, occupant, or guest of the tenant or occupant 10
engages in gang-related activity on or near the premises as described 11
in RCW 59.18.130(9) and the activity results in the arrest of the 12
tenant, occupant, or guest of the tenant or occupant.13
(3) ((When a tenant has permanently vacated due to voluntary or 14
involuntary events, other than by the ending of the tenancy by the 15
landlord, a landlord must serve a notice to any remaining occupants 16
who had coresided with the tenant at least six months prior to and up 17
to the time the tenant permanently vacated, requiring the occupants 18
to either apply to become a party to the rental agreement or vacate 19
within 30 days of service of such notice. In processing any 20
application from a remaining occupant under this subsection, the 21
landlord may require the occupant to meet the same screening, 22
background, and financial criteria as would any other prospective 23
tenant to continue the tenancy. If the occupant fails to apply within 24
30 days of receipt of the notice in this subsection, or the 25
application is denied for failure to meet the criteria, the landlord 26
may commence an unlawful detainer action under this chapter. If an 27
occupant becomes a party to the tenancy pursuant to this subsection, 28
a landlord may not end the tenancy except as provided under 29
subsection (2) of this section. This subsection does not apply to 30
tenants residing in subsidized housing.31
(4) A landlord who removes a tenant or causes a tenant to be 32
removed from a dwelling in any way in violation of this section is 33
liable to the tenant for wrongful eviction, and the tenant prevailing 34
in such an action is entitled to the greater of their economic and 35
noneconomic damages or three times the monthly rent of the dwelling 36
at issue, and reasonable attorneys' fees and court costs.37
(5))) Nothing in subsection (2)(d), (e), or (f) of this section 38
permits a landlord to end a tenancy for a specified period before the 39
completion of the term unless the landlord and the tenant mutually 40
p. 18 SB 5740
consent, in writing, to ending the tenancy early and the tenant is 1
afforded at least 60 days to vacate. 2
(((6) All written notices required under subsection (2) of this 3
section must:4
(a) Be served in a manner consistent with RCW 59.12.040; and5
(b) Identify the facts and circumstances known and available to 6
the landlord at the time of the issuance of the notice that support 7
the cause or causes with enough specificity so as to enable the 8
tenant to respond and prepare a defense to any incidents alleged. The 9
landlord may present additional facts and circumstances regarding the 10
allegations within the notice if such evidence was unknown or 11
unavailable at the time of the issuance of the notice.))12
Sec. 11. RCW 59.18.650 and 2024 c 321 s 409 are each amended to 13
read as follows: 14
(1)(a) A landlord may ((not)) evict a tenant, refuse to continue 15
a tenancy, or end a periodic tenancy ((except)) only for the causes 16
enumerated in ((subsection (2) of this section and as otherwise 17
provided in this subsection )) this chapter. A landlord may end a 18
tenancy without cause only as provided in (b) and (c) of this 19
subsection (1). 20
(b) If a landlord and tenant enter into a rental agreement that 21
provides for the tenancy to continue for an indefinite period on a 22
month-to-month or periodic basis after the agreement expires, ((the 23
landlord may not end the tenancy except for the causes enumerated in 24
subsection (2) of this section; however, a landlord may end such a 25
tenancy at the end of the initial period of the rental agreement 26
without cause only if:27
(i) At the inception of the tenancy, the landlord and tenant 28
entered into a rental agreement between six and 12 months; and29
(ii) The)) and the landlord has provided the tenant before the 30
end of the initial lease period at least 60 days' advance written 31
notice ending the tenancy, served in a manner consistent with RCW 32
59.12.040, then a landlord may end such a tenancy at the end of the 33
initial period of the rental agreement without cause.34
(c) If a landlord and tenant enter into a rental agreement for a 35
specified period in which the tenancy by the terms of the rental 36
agreement does not continue for an indefinite period on a month-to-37
month or periodic basis after the end of the specified period, ((the 38
p. 19 SB 5740
landlord may end such a tenancy without cause upon expiration of the 1
specified period only if: 2
(i) At the inception of the tenancy, the landlord and tenant 3
entered into a rental agreement of 12 months or more for a specified 4
period, or the landlord and tenant have continuously and without 5
interruption entered into successive rental agreements of six months 6
or more for a specified period since the inception of the tenancy;7
(ii) The)) and the landlord has provided the tenant before the 8
end of the specified period at least 60 days' advance written notice 9
that the tenancy will be deemed expired at the end of such specified 10
period, served in a manner consistent with RCW 59.12.040((; and11
(iii) The tenancy has not been for an indefinite period on a 12
month-to-month or periodic basis at any point since the inception of 13
the tenancy. However, for any tenancy of an indefinite period in 14
existence as of May 10, 2021, if the landlord and tenant enter into a 15
rental agreement between May 10, 2021, and three months following the 16
expiration of the governor's proclamation 20-19.6 or any extensions 17
thereof, the landlord may exercise rights under this subsection 18
(1)(c) as if the rental agreement was entered into at the inception 19
of the tenancy provided that the rental agreement is otherwise in 20
accordance with this subsection (1)(c))), then a landlord may end 21
such a tenancy at the end of the initial period of the rental 22
agreement without cause. 23
(d) For all other tenancies of a specified period not covered 24
under (b) or (c) of this subsection, and for tenancies of an 25
indefinite period on a month-to-month or periodic basis, a landlord 26
may not end the tenancy except for the causes enumerated in 27
((subsection (2) of this section)) this chapter. Upon the end date of 28
the tenancy of a specified period, the tenancy becomes a month-to-29
month tenancy. 30
(e) Nothing prohibits a landlord and tenant from entering into 31
subsequent lease agreements that are in compliance with the 32
requirements in subsection (2) of this section. 33
(f) A tenant may end a tenancy for a specified time by providing 34
notice in writing not less than 20 days prior to the ending date of 35
the specified time. 36
(2) ((The following reasons listed in this subsection constitute 37
cause pursuant to subsection (1) of this section )) A landlord may 38
evict a tenant, refuse to continue a tenancy, or end a periodic 39
tenancy for any of the following causes: 40
p. 20 SB 5740
(a) The tenant continues in possession in person or by subtenant 1
after a default in the payment of rent, and after written notice 2
requiring, in the alternative, the payment of the rent or the 3
surrender of the detained premises has remained uncomplied with for 4
the period set forth in RCW 59.12.030(3) for tenants subject to this 5
chapter. The written notice may be served at any time after the rent 6
becomes due; 7
(b) The tenant continues in possession after substantial breach 8
of a material program requirement of subsidized housing, material 9
term subscribed to by the tenant within the lease or rental 10
agreement, or a tenant obligation imposed by law, other than one for 11
monetary damages, and after the landlord has served written notice 12
specifying the acts or omissions constituting the breach and 13
requiring, in the alternative, that the breach be remedied or the 14
rental agreement will end, and the breach has not been adequately 15
remedied by the date specified in the notice, which date must be at 16
least 10 days after service of the notice; 17
(c) The tenant continues in possession after having received at 18
least three days' advance written notice to quit after he or she 19
commits or permits waste or nuisance upon the premises, unlawful 20
activity that affects the use and enjoyment of the premises, or other 21
substantial or repeated and unreasonable interference with the 22
health, safety, and welfare of, or use and enjoyment of the premises 23
by, the landlord or neighbors of the tenant; 24
(d) The tenant continues in possession after the landlord of a 25
dwelling unit in good faith seeks possession so that the owner or his 26
or her immediate family may occupy the unit as that person's 27
principal residence and no substantially equivalent unit is vacant 28
and available to house the owner or his or her immediate family in 29
the same building, and the owner has provided at least 90 days' 30
advance written notice of the date the tenant's possession is to end. 31
There is a rebuttable presumption that the owner did not act in good 32
faith if the owner or immediate family fails to occupy the unit as a 33
principal residence for at least 60 consecutive days during the 90 34
days immediately after the tenant vacated the unit pursuant to a 35
notice to vacate using this subsection (2)(d) as the cause for the 36
lease ending; 37
(e) The tenant continues in possession after the owner elects to 38
sell a single dwelling unit, which includes but is not limited to a 39
single-family residence, a condominium unit, a townhouse unit, or any 40
p. 21 SB 5740
other similar type of dwelling unit, and the landlord has provided at 1
least 90 days' advance written notice of the date the tenant's 2
possession is to end. For the purposes of this subsection (2)(e), an 3
owner "elects to sell" when the owner makes reasonable attempts to 4
sell the ((dwelling)) unit within 30 days after the tenant has 5
vacated, including, at a minimum, listing it for sale at a reasonable 6
price with a realty agency or advertising it for sale at a reasonable 7
price by listing it on the real estate multiple listing service. 8
There shall be a rebuttable presumption that the owner did not intend 9
to sell the unit if: 10
(i) Within 30 days after the tenant has vacated, the owner does 11
not list the ((single-family dwelling)) unit for sale at a reasonable 12
price with a realty agency or advertise it for sale at a reasonable 13
price by listing it on the real estate multiple listing service; or14
(ii) Within 90 days after the date the tenant vacated or the date 15
the property was listed for sale, whichever is later, the owner 16
withdraws the ((rental)) unit from the market, the landlord rents the 17
unit to someone other than the former tenant, or the landlord 18
otherwise indicates that the owner does not intend to sell the unit;19
(f) The tenant continues in possession of the premises after the 20
landlord serves the tenant with advance written notice pursuant to 21
RCW 59.18.200(2)(c); 22
(g) The tenant continues in possession after the owner elects to 23
withdraw the premises to pursue a conversion pursuant to RCW 24
64.90.655; 25
(h) The tenant continues in possession, after the landlord has 26
provided at least 30 days' advance written notice to vacate that: (i) 27
The premises has been certified or condemned as uninhabitable by a 28
local agency charged with the authority to issue such an order; and 29
(ii) continued habitation of the premises would subject the landlord 30
to civil or criminal penalties. However, if the terms of the local 31
agency's order do not allow the landlord to provide at least 30 days' 32
advance written notice, the landlord must provide as much advance 33
written notice as is possible and still comply with the order;34
(i) The tenant continues in possession after an owner or lessor, 35
with whom the tenant shares the dwelling unit or access to a common 36
kitchen or bathroom area, has served at least 20 days' advance 37
written notice to vacate prior to the end of the rental term or, if a 38
periodic tenancy, the end of the rental period; 39
p. 22 SB 5740
(j) The tenant continues in possession of a dwelling unit in 1
transitional housing after having received at least 30 days' advance 2
written notice to vacate ((in advance of the expiration of the 3
transitional housing program, the tenant has aged out of the 4
transitional housing program, or the tenant has completed an 5
educational or training or service program and is no longer eligible 6
to participate in the transitional housing program )). Nothing in this 7
subsection (2)(j) prohibits the ending of a tenancy in transitional 8
housing for any of the other causes specified in this ((subsection)) 9
chapter; 10
(k) The tenant continues in possession of a dwelling unit after 11
the expiration of a rental agreement without signing a proposed new 12
rental agreement proffered by the landlord; provided, that the 13
landlord proffered the proposed new rental agreement at least 30 days 14
prior to the expiration of the current rental agreement and that any 15
new terms and conditions of the proposed new rental agreement are 16
reasonable. This subsection (2)(k) does not apply to tenants whose 17
tenancies are or have become periodic; 18
(l) The tenant continues in possession after having received at 19
least 30 days' advance written notice to vacate due to ((intentional, 20
knowing, and )) a material misrepresentation ((s)) or omission ((s)) 21
made on the tenant's application at the inception of the tenancy 22
that, had ((these)) the misrepresentation((s)) or omission ((s)) not 23
been made, would have resulted in the landlord requesting additional 24
information or taking an adverse action; 25
(m) The tenant continues in possession after having received at 26
least 60 days' advance written notice to vacate for other good cause 27
prior to the end of the period or rental agreement and such cause 28
constitutes a legitimate economic or business reason not covered ((or 29
related to )) by another a basis for ending the lease ((as)) 30
enumerated ((under this subsection (2). When the landlord relies on 31
this basis for ending the tenancy, the court may stay any writ of 32
restitution for up to 60 additional days for good cause shown, 33
including difficulty procuring alternative housing. The court must 34
condition such a stay upon the tenant's continued payment of rent 35
during the stay period. Upon granting such a stay, the court must 36
award court costs and fees as allowed under)) in this chapter;37
(n)(i) The tenant continues in possession after having received 38
at least 60 days' written notice to vacate prior to the end of the 39
period or rental agreement ((and)), the tenant has committed four or 40
p. 23 SB 5740
more of the following violations ((, other than ones for monetary 1
damages,)) within the preceding 12-month period, ((the tenant has 2
remedied or cured the violation, )) and the landlord ((has)) provided 3
the tenant with a written warning notice at the time of each 4
violation: A substantial breach of a material program requirement of 5
subsidized housing, a substantial breach of a material term 6
subscribed to by the tenant within the lease or rental agreement, a 7
substantial or repeated and unreasonable interference with the 8
health, safety, and welfare of, or use and enjoyment of the premises 9
by, the landlord or neighbors of the tenant, or a substantial breach 10
of a tenant obligation imposed by law; 11
(ii) Each written warning notice must((:12
(A) Specify the violation;13
(B) Provide the tenant an opportunity to cure the violation;14
(C) State)) state that the landlord may choose to end the tenancy 15
at the end of the rental term if there are four violations within a 16
12-month period preceding the end of the term ((;)), and (((D) State)) 17
state that correcting the fourth or subsequent violation is not a 18
defense to the ending of the lease under this subsection((;19
(iii) The 60-day notice to vacate must:20
(A) State that the rental agreement will end upon the specified 21
ending date for the rental term or upon a designated date not less 22
than 60 days after the delivery of the notice, whichever is later;23
(B) Specify the reason for ending the lease and supporting facts; 24
and25
(C) Be served to the tenant concurrent with or after the fourth 26
or subsequent written warning notice;27
(iv) The notice under this subsection must include all notices 28
supporting the basis of ending the lease;29
(v) Any notices asserted under this subsection must pertain to 30
four or more separate incidents or occurrences; and31
(vi))). This subsection (2)(n) does not absolve a landlord from 32
demonstrating by admissible evidence that the four or more violations 33
constituted breaches under (b) of this subsection at the time of the 34
violation ((had the tenant not remedied or cured the violation));35
(o) The tenant continues in possession after having received at 36
least ((60)) 30 days' advance written notice to vacate prior to the 37
end of the rental period or rental agreement if the tenant is 38
required to register as a sex offender during the tenancy, or failed 39
to disclose a requirement to register as a sex offender when required 40
p. 24 SB 5740
in the rental application or otherwise known to the property owner at 1
the beginning of the tenancy; 2
(p) The tenant continues in possession after having received at 3
least 20 days' advance written notice to vacate prior to the end of 4
the rental period or rental agreement if the tenant has made unwanted 5
sexual advances or other acts of sexual harassment directed at the 6
property owner, property manager, property employee, ((or)) another 7
tenant ((based on the person's race, gender, or other protected 8
status in violation of any covenant or term in the lease )), or any 9
other person on or near the property;10
(q) The tenant, occupant, or guest of the tenant or occupant 11
engages in drug-related activity on or near the premises as described 12
in RCW 59.18.130(6), 59.12.030(5), or 59.20.140(5);13
(r) The tenant, occupant, or guest of the tenant or occupant 14
engages in criminal activity on or near the premises as described in 15
RCW 59.18.130(8) and the activity results in the arrest of the 16
tenant, occupant, or guest of the tenant or occupant;17
(s) The tenant, occupant, or guest of the tenant or occupant 18
engages in gang-related activity on or near the premises as described 19
in RCW 59.18.130(9) and the activity results in the arrest of the 20
tenant, occupant, or guest of the tenant or occupant.21
(3) ((When a tenant has permanently vacated due to voluntary or 22
involuntary events, other than by the ending of the tenancy by the 23
landlord, a landlord must serve a notice to any remaining occupants 24
who had coresided with the tenant at least six months prior to and up 25
to the time the tenant permanently vacated, requiring the occupants 26
to either apply to become a party to the rental agreement or vacate 27
within 30 days of service of such notice. In processing any 28
application from a remaining occupant under this subsection, the 29
landlord may require the occupant to meet the same screening, 30
background, and financial criteria as would any other prospective 31
tenant to continue the tenancy. If the occupant fails to apply within 32
30 days of receipt of the notice in this subsection, or the 33
application is denied for failure to meet the criteria, the landlord 34
may commence an unlawful detainer action under this chapter. If an 35
occupant becomes a party to the tenancy pursuant to this subsection, 36
a landlord may not end the tenancy except as provided under 37
subsection (2) of this section. This subsection does not apply to 38
tenants residing in subsidized housing.39
p. 25 SB 5740
(4) A landlord who removes a tenant or causes a tenant to be 1
removed from a dwelling in any way in violation of this section is 2
liable to the tenant for wrongful eviction, and the tenant prevailing 3
in such an action is entitled to the greater of their economic and 4
noneconomic damages or three times the monthly rent of the dwelling 5
at issue, and reasonable attorneys' fees and court costs.6
(5))) Nothing in subsection (2)(d), (e), or (f) of this section 7
permits a landlord to end a tenancy for a specified period before the 8
completion of the term unless the landlord and the tenant mutually 9
consent, in writing, to ending the tenancy early and the tenant is 10
afforded at least 60 days to vacate. 11
(((6) All written notices required under subsection (2) of this 12
section must:13
(a) Be served in a manner consistent with RCW 59.12.040; and14
(b) Identify the facts and circumstances known and available to 15
the landlord at the time of the issuance of the notice that support 16
the cause or causes with enough specificity so as to enable the 17
tenant to respond and prepare a defense to any incidents alleged. The 18
landlord may present additional facts and circumstances regarding the 19
allegations within the notice if such evidence was unknown or 20
unavailable at the time of the issuance of the notice.))21
NEW SECTION. Sec. 12. Section 10 of this act expires January 1, 22
2028.23
NEW SECTION. Sec. 13. Section 11 of this act takes effect 24
January 1, 2028.25
--- END ---
p. 26 SB 5740