S-3302.2
SENATE BILL 5576
State of Washington 67th Legislature 2022 Regular Session
By Senators Kuderer, Trudeau, Das, Hasegawa, Lovelett, Nobles,
Saldaña, and C. Wilson
Prefiled 12/21/21. Read first time 01/10/22. Referred to Committee
on Housing & Local Government.
1 AN ACT Relating to addressing landlord-tenant relations by
2 providing technical changes to eviction notice and summons forms and
3 modifying certain eviction processes and programs; and amending RCW
4 59.18.057, 59.18.365, 59.18.630, 59.18.640, 59.18.660, and 59.18.410.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 Sec. 1. RCW 59.18.057 and 2021 c 115 s 10 are each amended to
7 read as follows:
8 (1) Every 14-day notice served pursuant to RCW 59.12.030(3) must
9 be in substantially the following form:
10 "TO:
11 AND TO:
12 ADDRESS:
13 FOURTEEN-DAY NOTICE TO PAY RENT OR VACATE THE PREMISES
14 ((You are receiving this notice because the)) Your landlord
15 ((alleges you are not in compliance with the terms of the lease
16 agreement by failing to pay)) claims you violated your lease
17 agreement because you did not pay the following rent and/or utilities
18 and/or recurring or periodic charges that are past due.
19 (1) Monthly rent due for (list month(s)): $ (dollar amount)
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1 AND/OR
2 (2) Utilities due for (list month(s)): $ (dollar amount)
3 AND/OR
4 (3) Other recurring or periodic charges identified in the lease
5 for (list month(s)): $ (dollar amount)
6 TOTAL AMOUNT DUE: $ (dollar amount)
7 Note - payment must be made pursuant to the terms of the rental
8 agreement or by nonelectronic means including, but not limited to,
9 cashier's check, money order, or other certified funds.
10 You must pay the total amount due to your landlord within
11 fourteen (14) days after service of this notice or you must vacate
12 the premises. Any payment you make to the landlord must first be
13 applied to the total amount due as shown on this notice. ((Any
14 failure to comply with this notice)) If you do not pay the full
15 amount due within fourteen (14) days after service of this notice
16 ((may result in a judicial proceeding that leads to your eviction)),
17 your landlord may start a court case to evict you from the premises.
18 The Washington state Office of the Attorney General has this
19 notice in multiple languages as well as information on available
20 resources to help you pay your rent, including state and local rental
21 assistance programs, on its website at www.atg.wa.gov/landlord-
22 tenant.
23 ((State law provides you the right to legal representation and
24 the court may be able to appoint a lawyer to represent you without
25 cost to you if you are a qualifying low-income renter. If you believe
26 you are a qualifying low-income renter and would like an attorney
27 appointed to represent you)) If you are a qualifying low-income
28 renter and either you have been served with a summons or a complaint
29 (a lawsuit) has been filed in court, or both, the court may be able
30 to appoint a lawyer to represent you without cost to you. To find out
31 what help is available, please contact the Eviction Defense Screening
32 Line at 855-657-8387 or apply online at https://nwjustice.org/apply-
33 online. For additional resources, call 2-1-1 or the Northwest Justice
34 Project CLEAR Hotline outside King County (888) 201-1014 weekdays
35 between 9:15 a.m. – 12:15 p.m., or (888) 387-7111 for seniors (age 60
36 and over). You may find additional information ((to help you)) and
37 self-help resources at http://www.washingtonlawhelp.org. Free or low-
38 cost mediation services ((to assist in nonpayment of rent disputes
39 before any judicial proceedings occur are also available)) at dispute
40 resolution centers ((throughout the state)) can help with disputes
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1 about past due rent before going to court. You can find your nearest
2 dispute resolution center at https://www.resolutionwa.org.
3 ((State law also provides you)) You have the right to ((receive))
4 free interpreter services at court.
5
6 OWNER/LANDLORD:___________DATE:______________
7
8 WHERE TOTAL AMOUNT DUE IS TO BE PAID: ___(owner/landlord name)___
9 ___________(address)________"
10 (2) Upon expiration of the eviction resolution pilot program
11 established under RCW 59.18.660:
12 (a) The landlord must also provide the notice required in this
13 section to the dispute resolution center located within or serving
14 the county in which the dwelling unit is located. It is a defense to
15 an eviction under RCW 59.12.030 that a landlord did not provide
16 additional notice under this subsection.
17 (b) Dispute resolution centers are encouraged to notify the
18 housing justice project or northwest justice project located within
19 or serving the county in which the dispute resolution center is
20 located, as appropriate, once notice is received from the landlord
21 under this subsection.
22 (3) The form required in this section does not abrogate any
23 additional notice requirements to tenants as required by federal,
24 state, or local law.
25 Sec. 2. RCW 59.18.365 and 2021 c 115 s 11 are each amended to
26 read as follows:
27 (1) The summons must contain the names of the parties to the
28 proceeding, the attorney or attorneys if any, the court in which the
29 same is brought, the nature of the action, in concise terms, and the
30 relief sought, and also the return day; and must notify the defendant
31 to appear and answer within the time designated or that the relief
32 sought will be taken against him or her. The summons must contain a
33 street address for service of the notice of appearance or answer and,
34 if available, a facsimile number for the plaintiff or the plaintiff's
35 attorney, if represented. The summons must be served and returned in
36 the same manner as a summons in other actions is served and returned.
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1 (2) A defendant may serve a copy of an answer or notice of
2 appearance by any of the following methods:
3 (a) By delivering a copy of the answer or notice of appearance to
4 the person who signed the summons at the street address listed on the
5 summons;
6 (b) By mailing a copy of the answer or notice of appearance
7 addressed to the person who signed the summons to the street address
8 listed on the summons;
9 (c) By facsimile to the facsimile number listed on the summons.
10 Service by facsimile is complete upon successful transmission to the
11 facsimile number listed upon the summons;
12 (d) As otherwise authorized by the superior court civil rules.
13 (3) The summons for unlawful detainer actions for tenancies
14 covered by this chapter shall be substantially in the following form:
15 IN THE SUPERIOR COURT OF THE
16 STATE OF WASHINGTON
17 IN AND
18 FOR . . . . . . COUNTY
19 Plaintiff/ NO.
20 Landlord/
21 Owner,
22
23
24
25
26 vs. EVICTION SUMMONS
27
(Residential)
28 Defendant/
29 Tenant/
30 Occupant.
31 ((THIS IS AN IMPORTANT LEGAL DOCUMENT TO EVICT YOU.
32 YOUR WRITTEN
33 RESPONSE MUST BE RECEIVED BY: 5:00 p.m., on . . . . . . . . .))
34 TO: . . . . . . . . . . . . (Defendant's Name)
35 . . . . . . . . . . . . (Defendant's Address)
36 IMPORTANT! THIS IS A LEGAL NOTICE TO EVICT YOU.
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1 DEADLINE! YOUR WRITTEN RESPONSE MUST BE RECEIVED BY: 5:00 p.m.,
2 on . . . . . . . . .
3 GET HELP: If you do not respond by the deadline above, you could
4 be evicted. You will lose your right to defend yourself or be
5 represented by a lawyer if you cannot afford one in court ((and could
6 be evicted)). The court may ((be able to)) appoint a lawyer to
7 represent you ((without)) at no cost to you if you are low-income and
8 are unable to afford a lawyer. If you believe you are a qualifying
9 low-income renter and ((would like an attorney)) want a lawyer
10 appointed to represent you, please ((contact)):
11 (1) Call the Eviction Defense Screening Line at 855-657-8387; or
12 ((apply))
13 (2) Apply online at https://nwjustice.org/apply-online. ((For
14 additional resources, you may call 2-1-1 or the Northwest Justice
15 Project CLEAR Hotline outside King County (888) 201-1014 weekdays
16 between 9:15 a.m. – 12:15 p.m., or (888) 387-7111 for seniors (age 60
17 and over). You may find additional information to help you)) Learn
18 more about the eviction process, rent assistance, and your rights at
19 http://www.washingtonlawhelp.org. Free or low-cost mediation services
20 ((to assist in nonpayment of rent disputes before any judicial
21 proceedings occur are also available)) at dispute resolution centers
22 ((throughout the state)) can help with disputes about past due rent
23 before going to court. You can find your nearest dispute resolution
24 center at https://www.resolutionwa.org.
25 HOW TO RESPOND: You must respond in writing. Phone calls to your
26 Landlord or your Landlord's lawyer are not a response. You may
27 respond with a "notice of appearance." This is ((a)) any letter that
28 includes the following:
29 (1) A statement that you are appearing in the court case
30 (2) Names of the landlord(s) and the tenant(s) (((as)) listed
31 above(()))
32 (3) Your name, ((your)) address where you can receive legal
33 documents ((may be sent)), your signature, phone number (if any), and
34 case number (if the case is filed)
35 This case □ is / □ is not filed with the court. If this case is
36 filed, you ((need to also)) must file your response with the court
37 clerk by ((delivering a copy to the clerk of the court)) the deadline
38 above. Deliver a copy to the Superior Court Clerk's office
39 at: . . . . . . . . . . . (Clerk's Office/Address/Room number/
40 Business hours of court clerk)
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1 WHERE TO RESPOND: To your landlord or their lawyer. You must
2 mail, fax, or hand deliver your response letter to your Landlord's
3 lawyer, or if no lawyer is named in the complaint, to your Landlord.
4 If you mail the response letter, you must do it 3 days before the
5 deadline above. Request receipt of a proof of mailing from the post
6 office. If you hand deliver or fax it, you must do it by the deadline
7 above. The address is:
8 . . . . . . . . . (((Attorney/))Landlord/Lawyer's Name)
9 . . . . . . . . . (Address)
10 . . . . . . . . . (Fax - required if available)
11 COURT DATE: If you respond to this Summons, you will be notified
12 of your hearing date in a document called an "Order to Show Cause."
13 This is usually mailed to you. If you ((get notice of a hearing))
14 receive an Order to Show Cause, you must go to the hearing. If you do
15 not show up, your landlord can evict you. Your landlord might also
16 charge you more money. If you move before the court date, you must
17 tell your landlord or the landlord's ((attorney)) lawyer.
18 Sec. 3. RCW 59.18.630 and 2021 c 115 s 4 are each amended to
19 read as follows:
20 (1) ((The eviction moratorium instituted by the governor of the
21 state of Washington's proclamation 20-19.6 shall end on June 30,
22 2021.
23 (2))) If a tenant has remaining unpaid rent that accrued between
24 March 1, 2020, and six months following ((the expiration of the
25 eviction moratorium or)) the end of the public health emergency,
26 ((whichever is greater,)) the landlord must offer the tenant a
27 reasonable schedule for repayment of the unpaid rent that does not
28 exceed monthly payments equal to one-third of the monthly rental
29 charges during the period of accrued debt. ((If a tenant fails to
30 accept the terms of a reasonable repayment plan within 14 days of the
31 landlord's offer, the landlord may proceed with an unlawful detainer
32 action as set forth in RCW 59.12.030(3) but subject)) Subject to any
33 additional requirements under the eviction resolution pilot program
34 established under RCW 59.18.660, the landlord may proceed with an
35 unlawful detainer action as set forth in RCW 59.12.030(3) and issue a
36 14-day pay or vacate notice only upon expiration of 14 days after the
37 repayment plan is offered and the tenant's failure to accept the
38 offer. If the tenant defaults on any rent owed under a repayment
39 plan, the landlord may apply for reimbursement from the landlord
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1 mitigation program as authorized under RCW 43.31.605(1)(d) or proceed
2 with an unlawful detainer action as set forth in RCW 59.12.030(3) but
3 subject to any requirements under the eviction resolution pilot
4 program established under RCW 59.18.660. The court must consider the
5 tenant's circumstances, including decreased income or increased
6 expenses due to COVID-19, and the repayment plan terms offered during
7 any unlawful detainer proceeding.
8 (((3))) (2) Any repayment plan entered into under this section
9 must:
10 (a) Not require payment until 30 days after the repayment plan is
11 offered to the tenant;
12 (b) Cover rent only and not any late fees, attorneys' fees, or
13 any other fees and charges;
14 (c) Allow for payments from any source of income as defined in
15 RCW 59.18.255(5) or from pledges by nonprofit organizations,
16 churches, religious institutions, or governmental entities; and
17 (d) Not include provisions or be conditioned on: The tenant's
18 compliance with the rental agreement, payment of attorneys' fees,
19 court costs, or other costs related to litigation if the tenant
20 defaults on the rental agreement; a requirement that the tenant apply
21 for governmental benefits or provide proof of receipt of governmental
22 benefits; or the tenant's waiver of any rights to a notice under RCW
23 59.12.030 or related provisions before a writ of restitution is
24 issued.
25 (((4))) (3) It is a defense to an eviction under RCW 59.12.030(3)
26 that a landlord did not offer a repayment plan in conformity with
27 this section.
28 (((5))) (4) To the extent available funds exist for rental
29 assistance from a federal, state, local, private, or nonprofit
30 program, the tenant or landlord may continue to seek rental
31 assistance to reduce and/or eliminate the unpaid rent balance.
32 Sec. 4. RCW 59.18.640 and 2021 c 115 s 8 are each amended to
33 read as follows:
34 (1) Subject to the availability of amounts appropriated for this
35 specific purpose, the court must appoint an attorney for an indigent
36 tenant in an unlawful detainer proceeding under this chapter and
37 chapters 59.12 and 59.20 RCW. The office of civil legal aid is
38 responsible for implementation of this subsection as provided in RCW
39 2.53.050, and the state shall pay the costs of legal services
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1 provided by an attorney appointed pursuant to this subsection. In
2 implementing this section, the office of civil legal aid shall assign
3 priority to providing legal representation to indigent tenants in
4 those counties in which the most evictions occur and to indigent
5 tenants who are disproportionately at risk of eviction.
6 (2) Upon request, a court before which an unlawful detainer
7 proceeding is pending that involves an indigent tenant defendant
8 eligible for appointment of an attorney under this section must allow
9 and facilitate virtual representation of the tenant by the appointed
10 attorney as well as virtual participation by the tenant.
11 (3) For purposes of this section, "indigent" means any person
12 who, at any stage of a court proceeding, is:
13 (a) Receiving one of the following types of public assistance:
14 Temporary assistance for needy families, aged, blind, or disabled
15 assistance benefits, medical care services under RCW 74.09.035,
16 pregnant women assistance benefits, poverty-related veterans'
17 benefits, food stamps or food stamp benefits transferred
18 electronically, refugee resettlement benefits, medicaid, or
19 supplemental security income; or
20 (b) Receiving an annual income, after taxes, of 200 percent or
21 less of the current federally established poverty level.
22 Sec. 5. RCW 59.18.660 and 2021 c 115 s 7 are each amended to
23 read as follows:
24 (1) Subject to the availability of amounts appropriated for this
25 specific purpose, the administrative office of the courts shall
26 contract with dispute resolution centers as described under chapter
27 7.75 RCW within or serving each county to establish a court-based
28 eviction resolution pilot program