S-5703.1
SENATE BILL 6321
State of Washington 68th Legislature 2024 Regular Session
By Senators Cleveland and Braun
Read first time 03/07/24. Referred to Committee on Housing.
1 AN ACT Relating to improving housing stability for tenants
2 subject to the residential landlord-tenant act and the manufactured/
3 mobile home landlord-tenant act by limiting late fees, requiring
4 additional notice of rent increases, limiting nonrefundable fees and
5 deposits, extending requirements for payment plans, and creating a
6 study of rental assistance; amending RCW 59.18.140, 59.18.170,
7 59.18.410, 59.18.270, 59.18.285, 59.18.610, 59.20.090, 59.20.170,
8 59.20.060, and 59.20.030; adding a new section to chapter 35.21 RCW;
9 adding a new section to chapter 36.01 RCW; adding a new section to
10 chapter 43.185A RCW; prescribing penalties; and providing an
11 expiration date.
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
13 Sec. 1. RCW 59.18.140 and 2019 c 105 s 1 are each amended to
14 read as follows:
15 (1) The tenant shall conform to all reasonable obligations or
16 restrictions, whether denominated by the landlord as rules, rental
17 agreement, rent, or otherwise, concerning the use, occupation, and
18 maintenance of his or her dwelling unit, appurtenances thereto, and
19 the property of which the dwelling unit is a part if such obligations
20 and restrictions are not in violation of any of the terms of this
21 chapter and are not otherwise contrary to law, and if such
p. 1 SB 6321
 1 obligations and restrictions are brought to the attention of the
2 tenant at the time of his or her initial occupancy of the dwelling
3 unit and thus become part of the rental agreement.
4 (2) Except for termination of tenancy and an increase in the
5 amount of rent, after ((thirty)) 30 days written notice to each
6 affected tenant, a new rule of tenancy may become effective upon
7 completion of the term of the rental agreement or sooner upon mutual
8 consent.
9 (3)(a) Except as provided in (b) and (c) of this subsection, a
10 landlord shall provide a minimum of ((sixty)) 90 days' prior written
11 notice of an increase in the amount of rent to each affected tenant,
12 and any increase in the amount of rent may not become effective prior
13 to the completion of the term of the rental agreement.
14 (b) If the rental agreement governs a subsidized tenancy where
15 the amount of rent is based on the income of the tenant or
16 circumstances specific to the subsidized household, a landlord shall
17 provide a minimum of ((thirty)) 30 days' prior written notice of an
18 increase in the amount of rent to each affected tenant. An increase
19 in the amount of rent may become effective upon completion of the
20 term of the rental agreement or sooner upon mutual consent.
21 (c) If a landlord intends to increase the rent and fees combined
22 in an amount of five percent or more, the landlord must provide
23 written notice to each affected tenant a minimum of 120 days before
24 the effective date of the increase, except if the tenancy is subject
25 to restrictions in subsection (4) of this section.
26 (d) If a landlord intends to increase the rent and fees combined
27 in an amount of 10 percent or more, the landlord must provide written
28 notice to each affected tenant a minimum of 180 days before the
29 effective date of the increase, except if the tenancy is subject to
30 restrictions in subsection (4) of this section.
31 (4) Subsection (2) of this section does not apply if:
32 (a) A tenancy is in a dwelling unit owned by a:
33 (i) Public housing authority;
34 (ii) Public development authority; or
35 (iii) Nonprofit organization, where maximum rents are regulated
36 by other laws or local, state, or federal affordable housing program
37 requirements; or
38 (b) The tenancy is in a qualified low-income housing development
39 as defined in RCW 82.45.010, where the property is owned by any of
p. 2 SB 6321
1 the organizations described in (a)(i) through (iii) of this
2 subsection.
3 Sec. 2. RCW 59.18.170 and 2020 c 177 s 1 are each amended to
4 read as follows:
5 (1) If at any time during the tenancy the tenant fails to carry
6 out the duties required by RCW 59.18.130 or 59.18.140, the landlord
7 may, in addition to pursuit of remedies otherwise provided by law,
8 give written notice to the tenant of said failure, which notice shall
9 specify the nature of the failure.
10 (2) The landlord may not charge a late fee for rent that is paid
11 within five days following its due date. If rent is more than five
12 days past due, the landlord may charge late fees commencing from the
13 first day after the due date until paid. Late fees may not exceed 10
14 percent of the tenant's total rent per month. Nothing in this
15 subsection prohibits a landlord from serving a notice to pay or
16 vacate at any time after the rent becomes due.
17 (3) When late fees may be assessed after rent becomes due, the
18 tenant may propose that the date rent is due in the rental agreement
19 be altered to a different due date of the month. The landlord shall
20 agree to such a proposal if it is submitted in writing and the tenant
21 can demonstrate that his or her primary source of income is a
22 regular, monthly source of governmental assistance that is not
23 received until after the date rent is due in the rental agreement.
24 The proposed rent due date may not be more than five days after the
25 date the rent is due in the rental agreement. Nothing in this
26 subsection shall be construed to prevent a tenant from making a
27 request for reasonable accommodation under federal, state, or local
28 law.
29 Sec. 3. RCW 59.18.410 and 2023 c 336 s 2 are each amended to
30 read as follows:
31 (1) If at trial the verdict of the jury or, if the case is tried
32 without a jury, the finding of the court is in favor of the landlord
33 and against the tenant, judgment shall be entered for the restitution
34 of the premises; and if the proceeding is for unlawful detainer after
35 neglect or failure to perform any condition or covenant of a lease or
36 agreement under which the property is held, or after default in the
37 payment of rent, the judgment shall also declare the forfeiture of
38 the lease, agreement, or tenancy. The jury, or the court, if the
p. 3 SB 6321
 1 proceedings are tried without a jury, shall also assess the damages
2 arising out of the tenancy occasioned to the landlord by any forcible
3 entry, or by any forcible or unlawful detainer, alleged in the
4 complaint and proved at trial, and, if the alleged unlawful detainer
5 is based on default in the payment of rent, find the amount of any
6 rent due, and the judgment shall be rendered against the tenant
7 liable for the forcible entry, forcible detainer, or unlawful
8 detainer for the amount of damages thus assessed, for the rent, if
9 any, found due, and late fees if such fees are due under the lease
10 and do not exceed (($75 in total)) those permitted under RCW
11 59.18.170. The court may award statutory costs. The court may also
12 award reasonable attorneys' fees as provided in RCW 59.18.290.
13 (2) When the tenant is liable for unlawful detainer after a
14 default in the payment of rent, execution upon the judgment shall not
15 occur until the expiration of five court days after the entry of the
16 judgment. Before entry of a judgment or until five court days have
17 expired after entry of the judgment, unless the tenant provides a
18 pledge of financial assistance letter from a government or nonprofit
19 entity, in which case the tenant has until the date of eviction, the
20 tenant or any subtenant, or any mortgagee of the term, or other party
21 interested in the continuance of the tenancy, may pay into court or
22 to the landlord the amount of the rent due, any court costs incurred
23 at the time of payment, late fees if such fees are due under the
24 lease and do not exceed (($75 in total)) those permitted under RCW
25 59.18.170, and attorneys' fees if awarded, in which event any
26 judgment entered shall be satisfied and the tenant restored to his or
27 her tenancy. If the tenant seeks to restore his or her tenancy after
28 entry of a judgment, the tenant may tender the amount stated within
29 the judgment as long as that amount does not exceed the amount
30 authorized under subsection (1) of this section. If a tenant seeks to
31 restore his or her tenancy and pay the amount set forth in this
32 subsection with funds acquired through an emergency rental assistance
33 program provided by a governmental or nonprofit entity, the tenant
34 shall provide a copy of the pledge of emergency rental assistance
35 provided from the appropriate governmental or nonprofit entity and
36 have an opportunity to exercise such rights under this subsection,
37 which may include a stay of judgment and provision by the landlord of
38 documentation necessary for processing the assistance. The landlord
39 shall accept any pledge of emergency rental assistance funds provided
40 to the tenant from a governmental or nonprofit entity before the
p. 4 SB 6321
 1 expiration of any pay or vacate notice for nonpayment of rent for the
2 full amount of the rent owing under the rental agreement. The
3 landlord shall accept any written pledge of emergency rental
4 assistance funds provided to the tenant from a governmental or
5 nonprofit entity after the expiration of the pay or vacate notice if
6 the pledge will contribute to the total payment of both the amount of
7 rent due, including any current rent, and other amounts if required
8 under this subsection. The landlord shall suspend any court action
9 for 14 court days after providing necessary payment information to
10 the nonprofit or governmental entity to allow for payment of the
11 emergency rental assistance funds. By accepting such pledge of
12 emergency rental assistance, the landlord is not required to enter
13 into any additional conditions not related to the provision of
14 necessary payment information and documentation. If a judgment has
15 been satisfied, the landlord shall file a satisfaction of judgment
16 with the court. A tenant seeking to exercise rights under this
17 subsection shall pay an additional $50 for each time the tenant was
18 reinstated after judgment pursuant to this subsection within the
19 previous 12 months prior to payment. If payment of the amount
20 specified in this subsection is not made within five court days after
21 the entry of the judgment, the judgment may be enforced for its full
22 amount and for the possession of the premises.
23 (3)(a) Following the entry of a judgment in favor of the landlord
24 and against the tenant for the restitution of the premises and
25 forfeiture of the tenancy due to nonpayment of rent, the court, at
26 the time of the show cause hearing or trial, or upon subsequent
27 motion of the tenant but before the execution of the writ of
28 restitution, may stay the writ of restitution upon good cause and on
29 such terms that the court deems fair and just for both parties. In
30 making this decision, the court shall consider evidence of the
31 following factors:
32 (i) The tenant's willful or intentional default or intentional
33 failure to pay rent;
34 (ii) Whether nonpayment of the rent was caused by exigent
35 circumstances that were beyond the tenant's control and that are not
36 likely to recur;
37 (iii) The tenant's ability to timely pay the judgment;
38 (iv) The tenant's payment history;
39 (v) Whether the tenant is otherwise in substantial compliance
40 with the rental agreement;
p. 5 SB 6321
 1 (vi) Hardship on the tenant if evicted; and
2 (vii) Conduct related to other notices served within the last six
3 months.
4 (b) The burden of proof for such relief under this subsection (3)
5 shall be on the tenant. If the tenant seeks relief pursuant to this
6 subsection (3) at the time of the show cause hearing, the court shall
7 hear the matter at the time of the show cause hearing or as
8 expeditiously as possible so as to avoid unnecessary delay or
9 hardship on the parties.
10 (c) In any order issued pursuant to this subsection (3):
11 (i) The court shall not stay the writ of restitution more than 90
12 days from the date of order, but may order repayment of the judgment
13 balance within such time. If the payment plan is to exceed 30 days,
14 the total cumulative payments for each 30-day period following the
15 order shall be no less than one month of the tenant's share of the
16 rent, and the total amount of the judgment and all additional rent
17 that is due shall be paid within 90 days.
18 (ii) Within any payment plan ordered by the court, the court
19 shall require the tenant to pay to the landlord or to the court one
20 month's rent within five court days of issuance of the order. If the
21 date of the order is on or before the 15th of the month, the tenant
22 shall remain current with ongoing rental payments as they become due
23 for the duration of the payment plan; if the date of the order is
24 after the 15th of the month, the tenant shall have the option to
25 apportion the following month's rental payment within the payment
26 plan, but monthly rental payments thereafter shall be paid according
27 to the rental agreement.
28 (iii) The sheriff may serve the writ of restitution upon the
29 tenant before the expiration of the five court days of issuance of
30 the order; however, the sheriff shall not execute the writ of
31 restitution until after expiration of the five court days in order
32 for payment to be made of one month's rent as required by (c)(ii) of
33 this subsection. In the event payment is made as provided in (c)(ii)
34 of this subsection for one month's rent, the court shall stay the
35 writ of restitution ex parte without prior notice to the landlord
36 upon the tenant filing and presenting a motion to stay with a
37 declaration of proof of payment demonstrating full compliance with
38 the required payment of one month's rent. Any order staying the writ
39 of restitution under this subsection (3)(c)(iii) shall require the
40 tenant to serve a copy of the order on the landlord by personal
p. 6 SB 6321
 1 delivery, first-class mail, facsimile, or email if agreed to by the
2 parties.
3 (A) If the tenant has satisfied (c)(ii) of this subsection by
4 paying one month's rent within five court days, but defaults on a
5 subsequent payment required by the court pursuant to this subsection
6 (3)(c), the landlord may enforce the writ of restitution after
7 serving a notice of default in accordance with RCW 59.12.040
8 informing the tenant that he or she has defaulted on rent due under
9 the lease agreement or payment plan entered by the court. Upon
10 service of the notice of default, the tenant shall have three
11 calendar days from the date of service to vacate the premises before
12 the sheriff may execute the writ of restitution.
13 (B) If the landlord serves the notice of default described under
14 this subsection (3)(c)(iii), an additional day is not included in
15 calculating the time before the sheriff may execute the writ of
16 restitution. The notice of default must be in substantially the
17 following form:
18 NOTICE OF DEFAULT FOR RENT AND/OR PAYMENT PLAN ORDERED BY COURT
19 NAME(S)
20 ADDRESS
21 CITY, STATE, ZIP
22 THIS IS NOTICE THAT YOU ARE IN DEFAULT OF YOUR RENT AND/OR
23 PAYMENT PLAN ORDERED BY THE COURT. YOUR LANDLORD HAS RECEIVED THE
24 FOLLOWING PAYMENTS:
25 DATE
26 AMOUNT
27 DATE
28 AMOUNT
29 DATE
30 AMOUNT
31 THE LANDLORD MAY SCHEDULE YOUR PHYSICAL EVICTION WITHIN THREE
32 CALENDAR DAYS OF SERVICE OF THIS NOTICE. TO STOP A PHYSICAL
33 EVICTION, YOU ARE REQUIRED TO PAY THE BALANCE OF YOUR RENT AND/OR
34 PAYMENT PLAN IN THE AMOUNT OF $. . . . ..
35 PAYMENT MAY BE MADE TO THE COURT OR TO THE LANDLORD. IF YOU FAIL
36 TO PAY THE BALANCE WITHIN THREE CALENDAR DAYS, THE LANDLORD MAY
37 PROCEED WITH A PHYSICAL EVICTION FOR POSSESSION OF THE UNIT THAT
38 YOU ARE RENTING.
p. 7 SB 6321
 1 DATE
2 SIGNATURE
3 LANDLORD/AGENT
4 NAME
5 ADDRESS
6 PHONE
7 (iv) If a tenant seeks to satisfy a condition of this subsection
8 (3)(c) by relying on an emergency rental assistance program provided
9 by a government or nonprofit entity and provides an offer of proof,
10 the court shall stay the writ of restitution as necessary to afford
11 the tenant an equal opportunity to comply.
12 (v) The court shall extend the writ of restitution as necessary
13 to enforce the order issued pursuant to this subsection (3)(c) in the
14 event of default.
15 (d) A tenant who has been served with three or more notices to
16 pay or vacate for failure to pay rent as set forth in RCW 59.12.040
17 within twelve months prior to the notice to pay or vacate upon which
18 the proceeding is based may not seek relief under this subsection
19 (3), unless the court determines any of the