COVID-19: Washington State, 30-day ban on evictions.

On March 18, 2020 Washington Governor Jay Inslee issued a 30-day Moratorium on Evictions for residential tenants.

According to the proclamation, residential landlords are not allowed to serve a notice of unlawful detainer for default payment of rent.

Residential landlords are also barred from issuing a 20-day notice for unlawful detainer, unless the landlord provides an affidavit stating that the action is believed necessary to ensure the health and safety of the tenant or others.

Among other statewide measures, law enforcement is not allowed to enforce eviction orders based only on nonpayment of rent. This order excludes circumstances like nuisance issues or the commission of a crime.

Directly from the Proclamation:

  1. Residential landlords are prohibited from serving a notice of unlawful detainer for default payment of rent related to such property under RCW 59.12.030(3)
  2. Residential landlords are prohibited from issuing a 20-day notice for unlawful detainer related to such property under RCW 59.12.030(2), unless the landlord attaches an affidavit attesting that the action is believed necessary to ensure the health and safety of the tenant or other individuals.
  3. Residential landlords are prohibited from initiating judicial action seeking a writ of restitution involving a dwelling unit if the alleged basis for the writ is the failure of the tenant or tenants to timely pay rent. This prohibition includes, but is not limited to, an action under Chapters 59.12 or RCW 59.18 RCW.
  4. Local law enforcement is prohibited from serving or otherwise acting on eviction orders that are issued solely for default payment of rent related to such property. Nothing in this Proclamation is intended to prohibit local law enforcement from acting on orders of eviction issued for other reasons, including but not limited to waste, nuisance or commission of a crime on the premises.

For more information, contact our office at (360) 906-1007.

The governor’s full proclamation can be found by following this prompt: PROCLAMATION BY THE GOVERNOR AMENDING PROCLAMATION 20-05.

However, still keep in mind that RCW 59.18.200(1)(a) still applies in residential termination of tenancies. Meaning, a tenant “shall” (meaning it is mandatory) give written notice of twenty days or more, preceding the end of any month, or period of tenancy, given by either party to the other.

 

Legal Disclaimer:

The information on this page does not constitute legal advice and should not be relied upon as each situation is fact specific and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. The information on this page is solely for the purpose of legal education and is intended to only provide general information about the matters stated therein. The information on this page should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area of the matters stated therein. No attorney-client relationship is formed without an actual agreement confirmed in writing. We have attorneys licensed in Oregon, Washington, and Arizona.

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