Notice Loophole a Scary Prospect for Month-to-Month Tenants

According to a recent article in CrosscutLegislators passed eviction protections. Washington landlords found loopholes — a new provision in the recently-revised Residential Landlord-Tenant Act may prove to be a scary prospect for month-to-month tenants.

RCW 59.18.410(3)(d) states:

“A  tenant  who  has  been  served  with  three  or  more  notices to pay or vacate for failure to pay rent as set forth in RCW 59.12.040 within twelve months prior to the notice to pay or vacate upon which the proceeding  is  based  may  not  seek  relief  under  this  subsection (3).”

On its face, this subsection would appear to undo many of the new tenant protections put in place by the Washington Legislature.  Crosscut asserts that landlords across the state have started serving pay-or-vacate notices the day after rent becomes due, often in situations where tenants have been accustomed to a short grace period.  That grace period can be important for low-income tenants relying on the arrival of Social Security or other social services’ payments.  Tenants who receive three such notices in a 12-month period, regardless of having made their rent payments, would not be able to take advantage of the other protections provided in RCW 59.18.410(3).

The text of ESSB 5600, as signed by the Governor, is here.

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