Washington Eviction Moratorium FAQ

The purpose of these FAQ is to provide information and general guidance on Washington’s COVID-19 eviction moratorium.

The information included here is not intended to be construed as legal advice and should be used for general reference purposes only.  If you have questions about Washington's Eviction Moratorium, please contact an attorney.  

When was the eviction moratorium enacted and when is scheduled to end?

The eviction moratorium was first implemented on March 16, 2020 and was renewed and expanded on April 16, 2020, June 2, 2020, July 24, 2020, and October 14, 2020. It was extended a fifth time on July 24 and is set to expire on December 31, 2020.

What tenancies does this Proclamation cover?

The Proclamation applies to all residential tenancies in Washington state. Part of the Proclamation also covers commercial tenancies.

The Proclamation does not cover individuals residing in a unit where the tenant has previosuly vacated.  

What actions does the Proclamation prohibit?

The Proclamation prohibits service of any notice notices to tenants, including but not limited to 14-day notices to pay or vacate, 20-day notices to vacate, any non-renewal notice, and 10-day notice to comply or vacate that threatens eviction, subject to exceptions described below.

The Proclamation prohibits the accrual, collection, or threat to assess any late fees for non-payment or late payment of rent from February 29, 2020 through the life of the Proclamation. 

The Proclamation prohibits assessment of or any threat to assess rent or other charges for any period during which the resident’s access to, or occupancy of the apartment home was prevented because of COVID-19 outbreak.

The Proclamation prohibits treating any unpaid rent or other charges as an enforceable debt or obligation is owing and collectable, where the non-payment was the result of COVID-19 and occurred after February 29, 2020. This includes efforts to collect by a collection agency. The prohibition does not apply where the landlord demonstrates that the resident was offered and refused to accept or failed to comply with a payment plan that was reasonable based on the individual, financial, health, and other circumstances of that resident.  

The Proclamation prohibits increasing or threatening to increase the rent or the amount of a security deposit for any apartment.  This prohibition also applies to commercial tenancies where the commercial tenant has been materially impacted by COVID-19, personally and is unable to work, or if the business was not deemed essential, or otherwise lost staff or customers due to the outbreak.

An exception was added to the fifth proclamation that permits service of a notice of rent increase where that rent increase is previously identified in the rental agreement. However any rent increase cannot become effective until the termination of the moratorium. 

The Proclamation prohibits housing providers from retaliating against a tenant if that exercises their rights under this and previous Proclamation. 

The Proclamation permits a housing provider to engage in reasonable communications with tenants to explore re-payment plans in accordance with this order.  

Does the Proclamation provide any exceptions?

Yes. A notice may be served if the tenant’s behavior creates a significant and immediate risk to the health, safety, or property of others. The notice must include an accompanying declaration identifying the facts that create the significant and immediate risk to the health and safety of others.

A “ a “significant and immediate risk to the health, safety, or property of others created by the resident” (a) is one that is described with particularity; (b) as it relates to “significant and immediate” risk to the health and safety of others, includes
any behavior by a resident which is imminently hazardous to the physical safety of other persons on the premises (RCW 59.18.130 (8)(a)); (c) cannot be established on the basis of the resident’s own health condition or disability; (d) excludes the situation in which a resident who may have been exposed to, or contracted, the COVID-19, or is following Department of Health guidelines regarding isolation or quarantine; and (e) excludes circumstances that are not urgent in nature, such as conditions that were known or knowable to the landlord, property owner, or property manager pre-COVID-19 but regarding which that entity took no action.

A housing provider may terminate a residential tenancy upon 60 days' notice if the housing provider intends to personally occupy the premises as a primary residence or if the housing provider intends to sell the rental property.  

A housing provider may seek to terminate a residential tenancy when a tenant provides a letter from a doctor indicating second hand smoke effects are affecting the health of that tenant.  

Can I serve a 120-Day notice for renovations?

"The 120-day notice provision for major renovations comes from the RLTA, not the eviction moratorium. It was part of the major changes to the RLTA in the 2018 legislative session. RCW 59.18.200(2)(c)(i).  In terms of that provision’s interplay with the moratorium, dialog and collaborative requests are in no way prohibited by the Governor’s order, of course, so there would be no reason that the landlord cannot reach out and request that tenant transfer units so that the landlord can do renovations. It could be a win-win if the tenant’s unit needs major repairs and the transfer unit is in better shape. If the tenant objects and refuses to move, I suggest that the landlord contact the AGO via the complaint form so that we can learn more about the specifics and give information about the landlord’s possible options."

What is the penalty of violating the eviction moratorium?

Any violation of the Proclamation is considered a violation of the Washington Consumer Protection Act, which provides for a gross misdemeanor criminal penalty, and possible punishment of 364 days in jail plus a $5,000 monetary fine, for each occurrence.

Can you charge late fees for nonpayment or late payment of rent?

No. A landlord may not charge late fees for nonpayment or late payment of rent. Any late fees assessed after February 29, 2020, must be reversed and late fees cannot be assessed for unpaid rent from February 29, 2020 forward.

A landlord cannot assess late fees and then provide a future rent credit for nonpayment or late payment of rent from February 29, 2020 forward.

Any late fees assessed in March 2020 or April 2020, must be reversed and the landlord should provide notice to the tenant that late fees have been reversed subject to the Governor’s Proclamation.

Can you charge fees other than a late fee, such as a lease-break fee, month-to-month fee, or NSF fees?

Month-to-month fees are prohibited if they were not previously charged and paid pursuant to an existing rental agreement. A landlord cannot charge a month-to-month fee to a tenant whose lease expired during the effective period of this Proclamation. 

NSF fees appear to be permissible because they are unrelated to a penalty for nonpayment or late payment of rent.

Can you collect unpaid rent or other costs of the tenancy, if the tenant doesn’t pay or terminates prior to the expiration of the lease?

If you have a tenant that owes rent, you must offer them a reasonable payment plan and the tenant must refuse to accept the payment plan or fail to comply with the terms of the payment plan.

The payment plan must be reasonable based on the tenant’s individual, financial, health and other circumstances.

Can you enforce non-payment of rent against a co-signor or guarantor?

A landlord seeking payment of a co-signor or guarantor should communicate in the same manner as they communicate with the tenant occupying the apartment home and must not threaten to collect or make other attempts to collect any unpaid rent from the c0-signor or guarantor.  Any communication with a resident or with a co-signor should include an offer of a reasonable payment plan based on the tenant's individual circumstances.  

Can I raise the rent or increase the amount of the deposit in a tenancy?

A landlord cannot increase the rent or request an increased deposit from an existing tenant, except that a landlord may provide notice of a rent increase where that rent increase is identified in the rental agreement.  However, any rent increase cannot take effect until the termination of the Governor's Proclamation

If you have served a rent increase notice that has not yet taken effect, the notice must be rescinded. A notice of rent increase cannot include language that the rent increase remains stagnant during the Proclamation’s effective period but increase upon the termination of the State of Emergency.

If the rent increase became effective and was paid prior to April 16, the Attorney General's office considers this to be permissible.

A rent increase agreed to prior to April 16 and memorialized in a signed rental agreement with an effective date after April 16 is considered to be an impermissible rent increase and should be rescinded.  

Month-to-month fees are not permissible if they are not already being charged and paid.

Can you collect a larger deposit for new applicants of vacant apartments?

A landlord may charge a deposit of any amount to secure occupancy of an apartment and the same deposit terms must be applied to all applicants, in the same manner as you would treat any new applicant.

A landlord may charge market rent to new applicants of vacant apartments. Any existing tenant cannot be charged increased rent after the date of the Proclamation.

A lanlord cannot increase or require a tenant to pay an additional deposit if they are a current resident with an existing lease agreement.

Can I request documentation of the tenant to prove effects of COVID-19?

The Proclamation provides specific instances where certain acts are permissible based on COVID-19 hardship. The extent of documentation you can request and obtain should be compared with requests for a reasonable accommodation – information can be requested but it may not be required.

Several laws were passed in the 2020 legislative session, will the implementation of these laws be delayed?

No, the laws passed in 2020 became effective June 11, 2020. To learn more about this information, please contact Brett Waller at brett@wmfha.org.

What is considered “reasonable”?

It is unknown what the state considers to be a “reasonable” payment plan. Each payment plan may be different based on the tenant’s individual, financial, health and other circumstances.

Any payment plan should include rent items only. Any non-rent items should be included in a separate payment plan or held until the restrictions of the Proclamation are lifted. 

Rent is defined in Washington law to mean “recurring or periodic charges identified in the rental agreement for the use and occupancy of the premises, which may include charges for utilities.” 

Is it a fair housing violation to have a different payment plan for each tenant?

No. The Proclamation provides that a payment plan may be tailored to the tenant’s individual, financial, health and other circumstances.

What if I served a 14-day notice prior to the entry of the Proclamation?

Any 14-day notice served prior to the date of the Proclamation will be considered stale and void after the Proclamation expires. Landlords should accept rent payments for rent if the tenant offers payment and serve a new 14-day notice after the expiration of the Proclamation.

What communication can I have with my residents? Can I send small balance communications to residents if there are any rent or non-rent amounts owing?

The Proclamation provides for reasonable communication to explore re-payment plans in accordance with the Proclamation.

A landlord may engage in customary and routine communications with residents of a dwelling or parcel of land occupied as a dwelling. “Customary and routine” means communication practices that were in place prior to the issuance of Proclamation 20-19 on March 18, 2020, but only to the extent that those communications reasonably notify a resident of upcoming
rent that is due; provide notice of community events, news, or updates; document a lease violation without threatening eviction; or are otherwise consistent with this order. Within these communications and parameters, it is permissible for landlords, property owners and property managers to provide information to residents regarding financial resources,
and to provide residents with information on how to engage with them in discussions regarding reasonable repayment plans as described in this order. 

Any communication identifying a lease violation or community rule violation must not include any threat of eviction or threat to terminate the tenancy as a result of the actions by the tenant unless the actions constitute a “significant and immediate risk to the health, safety, or property of others created by the resident” (a) is one that is described with particularity, and cannot be established on the basis of the resident’s own health condition or disability; (b) excludes the situation in which a resident who may have been exposed to, or contracted, the COVID-19, or is following Department of Health guidelines regarding isolation or quarantine; and (c) excludes circumstances that are not urgent in nature, such as conditions that were known or knowable to the landlord, property owner, or property manager pre-COVID-19 but regarding which that entity took no action.

What if the tenant defaults on the terms of the payment plan?

If a tenant defaults on a payment plan, the moratorium permits enforcement of the payment plan. However, the court must determine the payment plan is reasonable given the tenant’s  individual, financial, health and other circumstances.

What if the tenant vacates the property to care for relatives?  

If they move out to care for relatives’ COVID-19 diagnosis, the landlord should follow the reasonable accommodation process. Tenants may be exempt from lease break fees and future rent for the period of time they are not living in the apartment. 

Can a landlord require a good faith payment on a payment plan?

The Proclamation is silent on good faith, immediate payments under a reasonable payment plan. If a good faith, immediate payment is made, the payment must be reasonable given the tenant’s individual, financial, health and other circumstances.

Can landlords sign payment plans with tenants now?

Yes, landlords and tenants can enter into reasonable payment plan agreements now.  The payment plan must be reasonable in light of the tenant’s individual, financial, health and other circumstances.

What if a property owner wants to terminate a tenancy to sell a unit, allow the owner to move into the rental unit, or to renovate unit? Can the landlord terminate the tenancy? 

The amended Proclamation permits termination upon 60 days' notice to occupy or sell the unit and requires an affidavit signed under penalty of perjury be attached to the notice.

The Proclamation does not permit termination to renovate the unit.  

Are you required to accept payment plans for move-in costs?

Yes. Beginning June 11, 2020, a tenant may request in writing a payment plan for move-in costs if those costs exceed 25 percent of the first month’s rent. The payment plan schedule cannot exceed three months for a lease longer than two months. 

Are we required to disclose if another tenant has been infected?

It is a best practice to notify tenants in one community whether another tenant has been diagnosed with COVID-19. However, any notice should not identify the tenant, nor the location of their apartment home.  

Can you refuse to rent to someone who has been infected or is being rehoused from an infected housing community?

No. This is a fair housing violation. All applicants must be treated the same and landlords cannot treat any applicant or resident differently because of who they are or their medical condition.

Can we send a Notice of Entry?

Yes. The notice must describe the purpose for entry, the specific date and time of entry, or if a specific time is unknown, a reasonable time period of entry and information on how the tenant may contact the landlord if they object to entry at the date and time indicated. 

The notice should also include the following statement –

THIS IS NOT A REQUEST OR DEMAND FOR PAYMENT OF ANY AMOUNT.  

 The information included here is not intended to be construed as legal advice and should be used for general reference purposes only. If you have questions about Washington's Eviction Moratorium, please contact a attorney.  

Are there local jurisdictions that have different policies? 

Yes. the following information is specific to some local jurisdictions. To learn more about local provisions, please visit our local landlord-tenant law page.