HB 1236 Mandatory Lease Renewal

VIEW SHB 1236

Bill Summary

Housing providers are required to renew a fixed-term lease at the end of the term.

• A housing provider may choose not to renew a rental agreement only if:
  • The contract is for exactly 12 months and the tenancy is in the initial year.
  • The housing provider provides notice 60 days before the end of the term.
• If the housing provider does not renew the rental agreement the tenancy is required to become a month-to-month tenancy.

Housing providers may no longer terminate a month-to-month tenancy after providing a 20-day notice.

• Housing providers may only evict a tenant, or terminate a periodic tenancy for the following reasons:
  • Non-payment of rent and service of a 14-day pay or vacate notice.
    • Unless the rent owed is due to "Covid-19 Hardship" (see below)
  • Material (non-monetary) breach of lease, written notice, and no remedy after serving a 10-day notice.
  • Unlawful activity, waste, nuisance,  or other reapeated substantial interference with the use of the premesis after serving a 3-day notice.
  • Owner occupancy or occupancy by immediate family as principal residence after serving a 90-day notice.
    • The occupancy must occur for 60 of 90 days immediately after tenant vacates.
  • Sale of property after serving a 90-days notice.
    • The unit must be listed within 30 days and not de-listed or re-rented until after 90 days.
  • The building will be demolished, substantially rehabilitated, or change of use is planned after serving a 120-day notice.
  • The buliding will be converted to a condominium after serving a 120-day notice.
  • The premesis has been certified or condemned as unihabitable and subject to civil or criminal penalties after serving a 30-day notice.
    • Unless a local agency requires a shorter notice period. 
  • The housing provider shares access to a kitchen bathroom or shares dwelling unit after serving a 20-day notice. 
  • A tenant remains in transitional housing after the tenant is no longer elidgeble to participate in a training or service program after serving a 30-day notice.
  • The tenant commits a intentional misrepresentation of material information on the rental agreement that would have led the housing provider to take adverse action after serving a 30-day notice. 
    
    • Only applies within first 60 days of tenancy, unless the tenant is in subsidized housing.

• Housing providers who may terminate a tenant for any reason not enumerated above are liable to tenant for wrongful eviction for the greater of:
  • the teanant's economic and noecnomic damages or;
  • 4 and a half times the monthly rent as well as resonable attorney's fees and costs.
• Tenants may still terminate a month-to-month tenancy after serving a 20-day notice.
• If a tenant vacates a rental unit any other remaining occupants who coresided with the tenant may remain in the unitl only if:
  • They immediatly apply for tenancy with the housing provider.
  • They meet the same screening critera as would any other prospective tenant.
  • This provision does not apply to subsidized housin.

Housing providers may not proceed with an eviction filing for nonpayment of rent that accrued due to "Covid-19 Hardship" unless they have offered the tenant a reasonable payment plan.

• The payment plan must be based on the tenant's individual finances, health, and other circumstances.
• The housing provider may proceed with an eviction after offereing a payment plan if:
  • The tenant fails to accept a resonable payment plan within 14 days of the housing providers's offer.
  • The tenant defaults on any rent owed under the payment plan.
• The court shall consider the tenant's individual circumstances and the terms of the plan in an eviction proceeding

• Increases the statutory damages for illegal lease provisions from $500 to 2 times the monthly rent.
• Tenants may pursue judgement against landlords for possession of personal property.
• Creates new statutory definitions of Subsidzed Housing, Transitional Housing, and Immediate Family, 

Bill Schedule

• Public hearing in the House Committee on Housing, Human Services & Veterans on Tuesday, January 26th at 8:00 AM.
• Executive action taken in the House Committee on Housing, Human Services & Veterans at 10:00 AM on February 5th.

Sponsors

Macri, Taylor, Dolan, Gregerson, Berry, Fitzgibbon, Frame, Simmons, Ramel, Bateman, Johnson, J., Hackney, Chopp, Thai, Peterson, Santos, Orwall, Ortiz-Self, Ryu, Wicks, Lekanoff, Slatter, Berg, Senn, Harris-Talley, Ormsby, Pollet 

FOR MORE INFO.

• Visit our Advocacy Center for Calls to Action
• 2021 Legislative Session Bill Tracking

If you have any questions or concerns, please don't hesitate to reach out to advocacy@RHAwa.org.