H-0784.1
SUBSTITUTE HOUSE BILL 1124
State of Washington 68th Legislature 2023 Regular Session
By House Housing (originally sponsored by Representatives Peterson,
Fitzgibbon, Taylor, Street, Berry, Bateman, Ramel, Doglio, Macri,
Simmons, Chopp, Lekanoff, Thai, Bergquist, Stonier, Pollet, Riccelli,
and Ormsby)
READ FIRST TIME 01/30/23.
1 AN ACT Relating to protecting tenants from excessive rent and
2 related fees by providing at least six months' notice for rent
3 increases over a certain amount, allowing tenants the right to
4 terminate a tenancy without penalty, and limiting late fees; amending
5 RCW 59.18.140, 59.18.650, 59.18.170, 59.18.230, 59.20.090, 59.20.060,
6 and 59.20.070; and adding a new section to chapter 59.18 RCW.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
8 NEW SECTION. Sec. 1. A new section is added to chapter 59.18
9 RCW to read as follows:
10 (1)(a) A landlord may not increase the rent paid by a tenant in
11 an amount greater than five percent above the base rent without
12 providing written notice between 180 and 220 days before the increase
13 takes effect.
14 (b) The notice must inform the tenant, in clear language, that
15 because the landlord seeks to increase the rent paid by the tenant in
16 an amount greater than five percent above the base rent, pursuant to
17 subsection (2) of this section, the tenant may terminate the tenancy
18 at any point prior to the effective date of the increase by providing
19 at least 20 days' notice for a month-to-month or periodic tenancy or
20 at least 45 days' notice for a tenancy of a specified period and, in
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 1 that case, shall only owe pro rata rent through the date upon which
2 the tenant surrenders the premises.
3 (2) If a landlord seeks to increase the amount of rent by more
4 than five percent, the tenant may terminate the tenancy at any point
5 prior to the effective date of the increase by providing at least 20
6 days' notice for a month-to-month or periodic tenancy or at least 45
7 days' notice for a tenancy of a specified period and, in that case,
8 shall only owe pro rata rent through the date upon which the tenant
9 surrenders the premises.
10 (3)(a) Any notice of an increase in the amount of rent under this
11 section must be served in accordance with RCW 59.12.040.
12 (b) A landlord may not charge a tenant for the service of any
13 notice required by this section.
14 (4) A landlord may not increase the rent an amount greater than
15 five percent above the base rent except in accordance with this
16 section. A tenant who is charged rent in violation of this section,
17 and pays rent in excess of amounts permitted by this section, shall
18 have a cause of action against the landlord to recover actual damages
19 in the amount of the excess rent paid, together with treble damages,
20 costs, and reasonable attorneys' fees.
21 (5) For the purposes of this section, "base rent" means the
22 lowest monthly or periodic rent paid by the tenant in the 12 months
23 preceding the date of the notice of rent increase. "Base rent" does
24 not include amounts paid for utilities.
25 Sec. 2. RCW 59.18.140 and 2019 c 105 s 1 are each amended to
26 read as follows:
27 (1) The tenant shall conform to all reasonable obligations or
28 restrictions, whether denominated by the landlord as rules, rental
29 agreement, rent, or otherwise, concerning the use, occupation, and
30 maintenance of his or her dwelling unit, appurtenances thereto, and
31 the property of which the dwelling unit is a part if such obligations
32 and restrictions are not in violation of any of the terms of this
33 chapter and are not otherwise contrary to law, and if such
34 obligations and restrictions are brought to the attention of the
35 tenant at the time of his or her initial occupancy of the dwelling
36 unit and thus become part of the rental agreement.
37 (2) Except for termination of tenancy and an increase in the
38 amount of rent, after ((thirty)) 30 days written notice to each
39 affected tenant, a new rule of tenancy may become effective upon
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 1 completion of the term of the rental agreement or sooner upon mutual
2 consent.
3 (3)(a) Except as provided in section 1(1)(a) of this act and (b)
4 of this subsection, a landlord shall provide a minimum of ((sixty))
5 60 days' prior written notice of an increase in the amount of rent to
6 each affected tenant, and any increase in the amount of rent may not
7 become effective prior to the completion of the term of the rental
8 agreement.
9 (b) If the rental agreement governs a subsidized tenancy where
10 the amount of rent is based on the income of the tenant or
11 circumstances specific to the subsidized household, a landlord shall
12 provide a minimum of ((thirty)) 30 days' prior written notice of an
13 increase in the amount of rent to each affected tenant. An increase
14 in the amount of rent may become effective upon completion of the
15 term of the rental agreement or sooner upon mutual consent.
16 Sec. 3. RCW 59.18.650 and 2021 c 212 s 2 are each amended to
17 read as follows:
18 (1)(a) A landlord may not evict a tenant, refuse to continue a
19 tenancy, or end a periodic tenancy except for the causes enumerated
20 in subsection (2) of this section and as otherwise provided in this
21 subsection.
22 (b) If a landlord and tenant enter into a rental agreement that
23 provides for the tenancy to continue for an indefinite period on a
24 month-to-month or periodic basis after the agreement expires, the
25 landlord may not end the tenancy except for the causes enumerated in
26 subsection (2) of this section; however, a landlord may end such a
27 tenancy at the end of the initial period of the rental agreement
28 without cause only if:
29 (i) At the inception of the tenancy, the landlord and tenant
30 entered into a rental agreement between six and 12 months; and
31 (ii) The landlord has provided the tenant before the end of the
32 initial lease period at least 60 days' advance written notice ending
33 the tenancy, served in a manner consistent with RCW 59.12.040.
34 (c) If a landlord and tenant enter into a rental agreement for a
35 specified period in which the tenancy by the terms of the rental
36 agreement does not continue for an indefinite period on a month-to-
37 month or periodic basis after the end of the specified period, the
38 landlord may end such a tenancy without cause upon expiration of the
39 specified period only if:
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 1 (i) At the inception of the tenancy, the landlord and tenant
2 entered into a rental agreement of 12 months or more for a specified
3 period, or the landlord and tenant have continuously and without
4 interruption entered into successive rental agreements of six months
5 or more for a specified period since the inception of the tenancy;
6 (ii) The landlord has provided the tenant before the end of the
7 specified period at least 60 days' advance written notice that the
8 tenancy will be deemed expired at the end of such specified period,
9 served in a manner consistent with RCW 59.12.040; and
10 (iii) The tenancy has not been for an indefinite period on a
11 month-to-month or periodic basis at any point since the inception of
12 the tenancy. However, for any tenancy of an indefinite period in
13 existence as of May 10, 2021, if the landlord and tenant enter into a
14 rental agreement between May 10, 2021, and three months following the
15 expiration of the governor's proclamation 20-19.6 or any extensions
16 thereof, the landlord may exercise rights under this subsection
17 (1)(c) as if the rental agreement was entered into at the inception
18 of the tenancy provided that the rental agreement is otherwise in
19 accordance with this subsection (1)(c).
20 (d) For all other tenancies of a specified period not covered
21 under (b) or (c) of this subsection, and for tenancies of an
22 indefinite period on a month-to-month or periodic basis, a landlord
23 may not end the tenancy except for the causes enumerated in
24 subsection (2) of this section. Upon the end date of the tenancy of a
25 specified period, the tenancy becomes a month-to-month tenancy.
26 (e) Nothing prohibits a landlord and tenant from entering into
27 subsequent lease agreements that are in compliance with the
28 requirements in subsection (2) of this section.
29 (f) A tenant may end a tenancy for a specified time by providing
30 notice in writing not less than 20 days prior to the ending date of
31 the specified time unless a landlord seeks to increase the amount of
32 the base rent by more than five percent, in which case a tenant may
33 terminate the tenancy prior to the ending date of the specified time
34 by providing 45 days' notice.
35 (2) The following reasons listed in this subsection constitute
36 cause pursuant to subsection (1) of this section:
37 (a) The tenant continues in possession in person or by subtenant
38 after a default in the payment of rent, and after written notice
39 requiring, in the alternative, the payment of the rent or the
40 surrender of the detained premises has remained uncomplied with for
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 1 the period set forth in RCW 59.12.030(3) for tenants subject to this
2 chapter. The written notice may be served at any time after the rent
3 becomes due;
4 (b) The tenant continues in possession after substantial breach
5 of a material program requirement of subsidized housing, material
6 term subscribed to by the tenant within the lease or rental
7 agreement, or a tenant obligation imposed by law, other than one for
8 monetary damages, and after the landlord has served written notice
9 specifying the acts or omissions constituting the breach and
10 requiring, in the alternative, that the breach be remedied or the
11 rental agreement will end, and the breach has not been adequately
12 remedied by the date specified in the notice, which date must be at
13 least 10 days after service of the notice;
14 (c) The tenant continues in possession after having received at
15 least three days' advance written notice to quit after he or she
16 commits or permits waste or nuisance upon the premises, unlawful
17 activity that affects the use and enjoyment of the premises, or other
18 substantial or repeated and unreasonable interference with the use
19 and enjoyment of the premises by the landlord or neighbors of the
20 tenant;
21 (d) The tenant continues in possession after the landlord of a
22 dwelling unit in good faith seeks possession so that the owner or his
23 or her immediate family may occupy the unit as that person's
24 principal residence and no substantially equivalent unit is vacant
25 and available to house the owner or his or her immediate family in
26 the same building, and the owner has provided at least 90 days'
27 advance written notice of the date the tenant's possession is to end.
28 There is a rebuttable presumption that the owner did not act in good
29 faith if the owner or immediate family fails to occupy the unit as a
30 principal residence for at least 60 consecutive days during the 90
31 days immediately after the tenant vacated the unit pursuant to a
32 notice to vacate using this subsection (2)(d) as the cause for the
33 lease ending;
34 (e) The tenant continues in possession after the owner elects to
35 sell a single-family residence and the landlord has provided at least
36 90 days' advance written notice of the date the tenant's possession
37 is to end. For the purposes of this subsection (2)(e), an owner
38 "elects to sell" when the owner makes reasonable attempts to sell the
39 dwelling within 30 days after the tenant has vacated, including, at a
40 minimum, listing it for sale at a reasonable price with a realty
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 1 agency or advertising it for sale at a reasonable price by listing it
2 on the real estate multiple listing service. There shall be a
3 rebuttable presumption that the owner did not intend to sell the unit
4 if:
5 (i) Within 30 days after the tenant has vacated, the owner does
6 not list the single-family dwelling unit for sale at a reasonable
7 price with a realty agency or advertise it for sale at a reasonable
8 price by listing it on the real estate multiple listing service; or
9 (ii) Within 90 days after the date the tenant vacated or the date
10 the property was listed for sale, whichever is later, the owner
11 withdraws the rental unit from the market, the landlord rents the
12 unit to someone other than the former tenant, or the landlord
13 otherwise indicates that the owner does not intend to sell the unit;
14 (f) The tenant continues in possession of the premises after the
15 landlord serves the tenant with advance written notice pursuant to
16 RCW 59.18.200(2)(c);
17 (g) The tenant continues in possession after the owner elects to
18 withdraw the premises to pursue a conversion pursuant to RCW
19 64.34.440 or 64.90.655;
20 (h) The tenant continues in possession, after the landlord has
21 provided at least 30 days' advance written notice to vacate that: (i)
22 The premises has been certified or condemned as uninhabitable by a
23 local agency charged with the authority to issue such an order; and
24 (ii) continued habitation of the premises would subject the landlord
25 to civil or criminal penalties. However, if the terms of the local
26 agency's order do not allow the landlord to provide at least 30 days'
27 advance written notice, the landlord must provide as much advance
28 written notice as is possible and still comply with the order;
29 (i) The tenant continues in possession after an owner or lessor,
30 with whom the tenant shares the dwelling unit or access to a common
31 kitchen or bathroom area, has served at least 20 days' advance
32 written notice to vacate prior to the end of the rental term or, if a
33 periodic tenancy, the end of the rental period;
34 (j) The tenant continues in possession of a dwelling unit in
35 transitional housing after having received at least 30 days' advance
36 written notice to vacate in advance of the expiration of the
37 transitional housing program, the tenant has aged out of the
38 transitional housing program, or the tenant has completed an
39 educational or training or service program and is no longer eligible
40 to participate in the transitional housing program. Nothing in this
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 1 subsection (2)(j) prohibits the ending of a tenancy in transitional
2 housing for any of the other causes specified in this subsection;
3 (k) The tenant continues in possession of a dwelling unit after
4 the expiration of a rental agreement without signing a proposed new
5 rental agreement proffered by the landlord; provided, that the
6 landlord proffered the proposed new rental agreement at least 30 days
7 prior to the expiration of the current rental agreement and that any
8 new terms and conditions of the proposed new rental agreement are
9 reasonable. This subsection (2)(k) does not apply to tenants whose
10 tenancies are or have become periodic;
11 (l) The tenant continues in possession after having received at
12 least 30 days' advance written notice to vacate due to intentional,
13 knowing, and material misrepresentations or omissions made on the
14 tenant's application at the inception of the tenancy that, had these
15 misrepresentations or omissions not been made, would have resulted in
16 the landlord requesting additional information or taking an adverse
17 action;
18 (m) The tenant continues in possession after having received at
19 least 60 days' advance written notice to vacate for other good cause
20 prior to the end of the period or rental agreement and such cause
21 constitutes a legitimate economic or business reason not covered or
22 related to a basis for ending the lease as enumerated under this
23 subsection (2). When the landlord relies on this basis for ending the
24 tenancy, the court may stay any writ of restitution for up to 60
25 additional days for good cause shown, including difficulty procuring
26 alternative housing. The court must condition such a stay upon the
27 tenant's continued payment of rent during the stay period. Upon
28 granting such a stay, the court must award court costs and fees as
29 allowed under this chapter;
30 (n)(i) The tenant continues in possession after having received
31 at least 60 days' written notice to vacate prior to the end of the
32 period or rental agreement and the tenant has committed four or more
33 of the following violations, other than ones for monetary damages,
34 within the preceding 12-month period, the tenant has remedied or
35 cured the violation, and the landlord has provided the tenant a
36 written warning notice at the time of each violation: A substantial
37 breach of a material program requirement of subsidized housing, a
38 substantial breach of a material term subscribed to by the tenant
39 within the lease or rental agreement, or a substantial breach of a
40 tenant obligation imposed by law;
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 1 (ii) Each written warning notice must:
2 (A) Specify the violation;
3 (B) Provide the tenant an o