Any reference to landlords below includes the owner of the unit and the landlord's property manager.
The five-page document includes the following:
- Landlords cannot serve any type of notice that would require a tenant to vacate if the notice is not complied with. There are two exceptions: (a) if the landlord also provides a declaration that the removal of the tenant was a response to a significant and immediate risk to the health, safety, or property of others and the residents of that unit; OR (b) at least 60 days' notice that the landlord wants to either personally reside at that unit or sell the property.
- Landlords cannot enforce, or threaten to enforce, otherwise-valid court orders during this time that would have given them the property back. In other words, if the sheriff couldn't execute the writ in time, the landlord is out of luck and cannot kick the tenant out. The same two exceptions from #1 above apply here. In this situation, the landlord may have to submit another motion to the court granting a new writ.
- Law enforcement cannot enforce, or threaten to enforce, any valid writs. The exceptions from #1 again apply here.
- Landlords cannot charge a tenant for any late fees for a unit if they occurred on or after February 29, 2020.
- Landlords cannot charge a tenant for any rent or other fees for a unit if the tenant could not access or take possession of the unit due to COVID-19. This likely applies if a person wanted to relocate for a new job or for school, but the pandemic led to change of those plans.
- Landlords cannot pursue collection efforts for any monies owed if they are related to a dwelling or residing at a unit, if the reasons for said nonpayment are related to COVID-19, AND if the debt occurred on or after February 29, 2020. An exception allows the landlord to pursue this option if the debtor/tenant refused to enter into a reasonable repayment plan or did not comply with a reasonable repayment plan. The debtor/tenant can use "failure to provide a reasonable repayment plan" as a defense.
- Landlords cannot raise, or threaten to raise, the tenant's rent. This applies to both residential and commercial landlord-tenant agreements. There is a narrow exception that allows rent increases in a commercial landlord-tenant agreement if they were expressly in the agreement and that agreement was executed before February 29, 2020.
- Landlords cannot retaliate against tenants if the tenants are seeking protection under the governor's proclamation. This expressly extends the retaliation statute to COVID-19-related reasons.
Basically all of the above rules have been in Governor Inslee's order from the start. The main change is the extension of the moratorium through August 1, 2020.
