A copy of HB 1138, as signed into law, can be found here.
Definitions
HB 1138 reclassifies applicable situations as "permanent change of station orders", which include retirement or a call to active duty for longer than 90 days.
"Permanent change of station orders", which will be a new definition under RCW 59.18.030(33), means:
- Transfer to a unit located at another port or duty station;
- Change in a unit's home port or permanent duty station;
- Call to active duty for a period for at least 90 days;
- Separation; OR
- Retirement.
HB 1138 makes changes to active-duty servicemember tenancies with respect to fixed-term tenancies under RCW 59.18.220. The old law required the servicemember tenant to give written notice to the landlord no later than seven days after receiving the new assignment.
Now, based on the new reading, the tenant is given more leeway to terminate his tenancy. After receiving permanent change of station orders or deployment orders, the tenant now only needs to provide: (1) at least 20 days' written notice to the landlord, AND (2) a copy of the official military orders or a letter from his/her commanding officer.
Still, to be eligible for terminating the fixed-term tenancy, such orders or letter must state:
- The servicemember is required to move more than 35 miles from where the rental property is located;
- The servicemember was prematurely or involuntarily discharged from active duty;
- The servicemember released from active duty and the servicemember's home of record prior to active duty was more than 35 miles from the rental premises;
- The servicemember's commanding officer directs the servicemember to move into government-provided housing;
- The servicemember receives temporary-duty orders, temporary change-of-station orders, or active-duty orders to a place more than 35 miles from the rental premises, PROVIDED that the orders are for at least 90 days; OR
- The servicemember leased the premises, but prior to taking possession, the servicemember receives change-of-station orders to a place more than 35 miles from the rental property.
Active-duty servicemembers may similarly terminate fixed-term tenancies under RCW 59.20, which govern mobile home parks. To determine if your property qualifies as a mobile home park, please check RCW 59.20.030.
Indefinite Tenancies Under RCW 59.18
HB 1138 also clarifies termination of an indefinite tenancy, such as a month-to-month arrangement. A servicemember may terminate such a tenancy with less than 20 days' written notice if the tenant servicemember receives permanent change-of-station orders or deployment orders that do not allow for a 20-day written notice.
Dealing with servicemember tenants can also be tricky due to the federal Servicemembers' Civil Relief Act (SCRA).
Attorney Aaron Wakamatsu can confirm what your landlord's rights are if you have an active-duty servicemember as a tenant in your rental property. Please call 360-576-5322 today to schedule a consultation.
