30-Day Moratorium on WA Residential Evictions

Yesterday, Governor Jay Inslee announced a 30-day statewide moratorium on residential evictions. I explain further below in this post.

The Seattle Times released an article yesterday, and you may also read the Medium article on the Governor's announcement.

The COVID-19 outbreak has created chaos not seen at least in my lifetime, and one may have to go back to the H1N1 Flu Outbreak of 1918-19 for any other serious stoppage due to a health pandemic.

Per the governor's announcement, during this moratorium, landlords will be prohibited from:

1. Issuing notices for nonpayment of rent or otherwise filing/continuing an action to evict a tenant for nonpayment of rent.
2. Serving most no-cause notices to evict.

However, residential evictions could still proceed under RCW 59.12.030 under limited circumstances:

1. A no-cause eviction notice (usually 20 days, ending at the end of a calendar month, but can be longer under local laws) ONLY IF accompanied by an affidavit that such eviction is necessary for the health and safety of the tenant or other individuals;
2. A 10-day notice for failing to comply with all non-rent terms of the rental agreement or vacating;
3. A 3-day notice to vacate for waste or nuisance;
4. A 3-day notice to vacate for being at the unit without owner permission and having no color of title; OR
5. A notice to leave for gang-related activity (rarely used and hard to prove without statements from the Sheriff's Office or the police department).

I noted #2 above because the definition of "rent" under RCW 59.18.030(28) usually does NOT include payments under a lease for security deposits or other fees (i.e. cleaning, pet). Thus, the landlord could still possibly pursue action. However, given the circumstances, landlords may need to consider whether a judge would still sign an order for a writ of restitution, especially if the tenant provides documentation to confirm COVID-19 as a reason for not paying these amounts.

I have also used the lengthier process of ejectment under RCW 7.28 to remove non-tenants from properties, such as an unwanted family member. It would be interesting if the moratorium also extends to ejectments, since when applied in such a case, it basically is an eviction.

This order will greatly benefit all tenants, and especially those who have faced sudden unemployment or serious health issues due to the COVID-19 pandemic. Depending on how long the pandemic lasts, I can easily foresee an extension to this moratorium.

Most pending eviction matters will either: (1) be dismissed without prejudice, or (2) be continued until after the moratorium ends.

Because evictions for nonpayment of rent or for being a holdover tenant are generally the most common reasons to evict, eviction attorneys could see a significant drop in business. Hopefully, that area of law is just a small fraction of his/her practice.