Please note: this article describes changes Washington made to residential landlord-tenant law in 2019. Washington has changed these laws again since then, more than once. Treat this as background on how the rules developed, not as a statement of current law, and get current advice before you serve a notice, raise rent or update a lease.
A significant shift for residential owners
In 2019 the Washington Legislature passed two bills, HB 1440 and SB 5600, that changed how residential rental property is managed in this state. The biggest change was to how evictions for non-payment of rent work. The stated purpose of the legislation was to reduce evictions based on unpaid rent, and the legislature adopted a broad set of new requirements to get there.
The new laws generally took effect on July 28, 2019. For landlords and property owners, that meant reviewing rental forms, notices and lease agreements so they lined up with the new requirements. An attorney should confirm the exact dates and terms that apply to any particular notice or lease.
HB 1440: longer notice periods
HB 1440 lengthened the notice owners had to give for certain changes:
- Rent increases required at least 60 days' notice.
- Demolition, substantial rehabilitation or a change of use of the property required 120 days' notice.
SB 5600: changes to non-payment of rent
SB 5600 made a longer list of changes that affected how owners handled unpaid rent:
- The 3-day pay or vacate notice became a 14-day notice. Under the old law, once three days had passed a landlord did not have to accept rent. Under SB 5600, the 14-day period worked as a "soft" deadline: rent could still be paid after it expired, together with certain additional costs, such as a late fee that the law capped and any court filing fees.
- "Rent" was defined narrowly. Rent meant the recurring and periodic charges identified in the rental agreement. Non-recurring charges such as late fees, damages, deposits, legal costs and other fees were excluded, which limited evictions based on those charges.
- Payments had to be applied to rent first, before any other charges.
- Reinstatement options were expanded.
- Alternative service no longer required a court order. Landlords no longer had to get a court order before using alternative service.
- Courts gained discretion over hardship. Judges could consider hardship and order payment plans in their discretion.
- Awards of attorney's fees were limited.
- A fund was created to address situations where rent falls behind.
- Ex parte stays of writs of restitution became available, meaning a court could be asked to pause an eviction order.
This summary was never meant to be complete. Every property and every lease is different.
What these changes meant for landlords in 2019
Rental agreements needed updating. Many leases had to be amended so that payments were applied to back rent first, as the new law required.
Notices changed. Owners had to serve 14-day pay or vacate notices instead of 3-day notices, and had to accept rent and certain fees paid after the 14-day deadline.
Judges had more say. Because courts could now weigh factors such as hardship or illness, owners had reason to think carefully before starting an eviction case against a resident who had fallen on hard times but might recover.
Some owners reconsidered their approach. In 2019, owners looked at options such as ending a month-to-month tenancy with a termination notice rather than an eviction for non-payment, adjusting rents to account for added risk, or using shorter lease terms. Several of these options have since been restricted or changed by later legislation, so none of them should be relied on today without current advice.
Get current advice before you act
Washington residential landlord-tenant law has continued to change since 2019, and the rules on notices, rent increases and ending a tenancy are different today in important ways. If you own or manage rental property in Kitsap, Jefferson or Mason County and want your leases, notices and procedures reviewed against the current law, learn more about our landlord and tenant work for property owners or request a consultation.
