On October 14, Governor Jay Inslee extended the eviction moratorium through the end of 2020. Notable additions and clarifications were made to the moratorium, explained after the jump break.
You can read the press release here.
First, as in prior proclamations, tenants can still be evicted if the landlord can prove the eviction was "necessary to respond to a significant and immediate risk to the health, safety, or property of others created by the resident." In the October 14 order, Governor Inslee clarified that this includes being able to evict a tenant for engaging in behavior which is "imminently hazardous to the physical safety of other persons on the premises", citing one of the tenant duties under RCW 59.18.130(8)(a).
Second, while rent increases generally remain prohibited during COVID-19, advance notices of rent increases on residential units will be allowed in two circumstances: (a) for a mobile home under RCW 59.20.090(2), or (b) if the residential lease already contained an explicit notice for the landlord to increase rent, PROVIDED the rent increase takes effect only after the governor's proclamation ends and the advance notice contains no threatening or coercive language.
Third, the revised proclamation clarifies that landlords and tenants may continue to engage in "customary and routine" communications to keep the tenancy running smoothly. This also includes discussion of reasonable payment plan options.
Fourth, if a landlord serves a tenant with a 60-day notice to vacate because the landlord wants to sell the property or personally occupy the unit, the notice must be in the form of an affidavit, signed under penalty of perjury.
Finally, Governor Inslee directed his staff to work with shareholders through mid-November (30 days) to discuss future amendments on the proclamation. He wants to ensure the moratorium protections for nonpayment of rent protect only persons who were unable to pay rent because COVID-19 materially impacted that person's ability to pay (directly or indirectly).
