This page is updated as emergency procedures are modified, extended, or terminated.

Statewide Requirements

 

The Bridge Proclamation (21-09 et seq.) expired on Sunday, October 31, 2021, and is no longer in effect.

The Eviction Moratorium (Proclamation 20-19 et seq.) expired on June 30, 2021, and is no longer in effect.

Certain COVID-19 restrictions passed by the Washington Legislature remain in place on a long-term or permanent basis.

  • It is unlawful retaliation to make any housing decision based on a tenant's late payment or non-payment of rent accrued between February 29, 2020, and December 31, 2021, other than to offer a payment plan and issue a pay or vacate notice.

  • Housing providers are prohibited from reporting any non-payment of rent that fell due between March 1, 2020, and December 31, 2021, to a potential new housing provider.

  • Housing providers may not use medical records (such as vaccination status) when making housing decisions.

  • Any notice to pay rent or vacate that is based on rent that falls due between March 1, 2020, and April 30, 2022, must be accompanied by an offer of a repayment plan that meets certain statutory requirements. A sample plan is available on our forms page.

  • Any notice to pay rent or vacate that is issued through July 1, 2023, must be accompanied by an Eviction Resolution Program notice. There is a link to the state form on our forms page.

 

Former CDC Eviction Moratorium

 

The Center for Disease Control's nationwide moratorium on non-payment of rent evictions was terminated by order of the Supreme Court of the United States on August 26, 2021.

CARES Act Eviction Moratorium​

 

The CARES Act eviction moratorium expired on July 25, 2020. After July 25, tenants of "covered properties" must receive 30 days' notice to vacate before a residential tenant can be required to vacate rental property. This may require a 30 day notice to pay rent or vacate.

In general, "covered properties" include almost all income-based rental programs, including Low Income Housing Tax Credit properties and tenants with Housing Choice Vouchers (Section 8). The federal moratorium also covers any property that has a federally-backed mortgage loan.

The broader moratorium continues to apply to multifamily properties that received a mortgage forbearance under the act. For these properties, the following following actions regarding residential tenants are prohibited until your mortgage forbearance ends:

  • Filing evictions for non-payment of rent;

  • Charging late fees; and

  • Issuing notices of termination of tenancy.

Former Federally-Backed Loan Eviction Moratoria

 

The Department of Housing and Urban Development, the Department of Veteran's Affairs, and the Federal Housing Finance Agency all extended their blanket bans on all types of evictions through September 30, 2021. These moratoria collectively cover any property with a federally-backed single family home loan. Fannie Mae and Freddie Mac frequently acquire loans originated by other banks, so property owners should confirm whether their property is covered by these requirements before proceeding with any notice that may result in displacement of the resident.

We are also tracking local restrictions in our standard service area

King, Kitsap, Pierce, Snohomish, and Thurston Counties:

City of Auburn

Into the Woods

In Auburn, landlords are required to offer residential tenants a repayment plan for any debt accrued from February 29, 2020, until the governor terminates Governor's Proclamation 20-05 if the non-payment was a result of the COVID-19 outbreak. The payment plan that is reasonable based on the individual financial, health, and other circumstances of the tenant. Unless the landlord offers a reasonable repayment plan and the tenant either refuses or fails to comply with it, the landlord is prohibited from:

  • Attempting to collect the debt;

  • Threatening to collect the debt;

  • Sending the debt to collections;

  • Filing an unlawful detainer or other legal action for the debt;

  • Withholding any portion of a security deposit for payment of the debt;

  • Billing or invoicing for the debt;

  • Reporting the debt to a credit agency; and

  • Attempting to collect the debt by any other means.

The burden is on the landlord to prove the plan was reasonable.

City of Burien

School Bus

Burien Ordinance 773 (extended by Ordinance 783) prohibits the following actions regarding residential tenants until January 15, 2022:

  • Issue any notice unless the termination is related to the protection of life and safety, an owner's intent to personally occupy the premises, or an owner's intent to sell the premises;

  • Take any action in court that would result in eviction of a tenant; and

  • Charging late fees due to late payment of rent.

In addition, the court may continue any existing case until the ban is terminated.

After the public health emergency expires, any notice to pay or vacate must include the following language in underlined, 12 point font: “You may not be evicted for rent that became due during the Governor’s State of Emergency if your lease lapsed or expired, or the rent was unpaid because of a substantial reduction in household income or a substantial increase in expenses related to the COVID-19 pandemic. This does not relieve you of the obligation to pay back rent in the future.”

 

The ordinance permanently prohibits eviction for non-payment of rent that came due between February 29, 2021, and September 30, 2021, as well as enforcing the end date of a lease that expired during that time.

City of Kenmore

Flower Plant

Kenmore Ordinance 21-0525 (extended by Ordinance 21-0536) prohibits the following actions regarding residential tenants until January 15, 2022:

  • Issue any notice unless the termination is related to the protection of life and safety, an owner's intent to personally occupy the premises, or an owner's intent to sell the premises;

  • Take any action in court that would result in eviction of a tenant; and

  • Charging late fees due to late payment of rent.

After the public health emergency expires, any notice to pay or vacate must include the following language in bold, underlined, 12 point font: “You may not be evicted for rent that became due during the public health emergency if the rent was unpaid because of a substantial reduction in household income or a substantial increase in expenses related to the Coronavirus pandemic. This does not relieve you of the obligation to pay back rent in the future.”

The ordinance permanently prohibits eviction for non-payment of rent that came due between February 29, 2021, and September 30, 2021. Further, until expiration of the Governor's state of emergency, housing providers must serve a certification of what rental assistance programs they applied for in a form prepared by the city jointly with any notice to pay rent or vacate.

For small businesses and nonprofits, some additional requirements are imposed on the landlord-tenant relationship through June 30, 2021:

  • Landlords are prohibited from taking any action to evict a tenant for non-payment of rent;

  • Landlords are required to "endeavor to enter into a repayment plan, discount to rent, or other agreement to assist the distressed small business or nonprofit in rent"; and

  • No late fee may be charged for non-payment of rent.

King County

Police Cars

In unincorporated King County only, Ordinance 2020-0191 requires landlords to offer residential tenants and small businesses that were impacted by the COVID-19 pandemic a reasonable payment plan for any unpaid rent due between March 1, 2020, and March 1, 2021. In an eviction based on non-payment or repeated late payment of rent, the court may order a payment plan or other relief after taking the landlord's and tenant's circumstances into account.

A landlord may not terminate a residential tenant during a repayment plan unless the tenant fails to follow that plan. This restriction does not apply if the reason for termination of tenancy is that the tenant is creating a immediate threat to health and safety.

City of Kirkland

Men on Beach

Kirkland Ordinance O-4759 prohibits the following actions regarding residential tenants until September 30, 2021:

  • Issue any notice unless the termination is related to the protection of life and safety, an owner's intent to personally occupy the premises, or an owner's intent to sell the premises;

  • Take any action in court that would result in eviction of a tenant; and

  • Charging late fees due to late payment of rent.

In addition, the court may continue any existing case until the ban is terminated.

After the public health emergency expires, any notice to pay or vacate must include the following language in bold, underlined, 12 point font: "You may not be evicted for rent that became due during the City of Kirkland's Proclamation of  Emergency if your rent was unpaid because of a substantial reduction in household income or a substantial increase in expenses related to the COVID-19 pandemic. This does not relieve you of the obligation to pay back rent in the future. For more information for renters or landlords, call (425) 587-3326 or go to housinghelp@kirklandwa.gov.”

The ordinance permanently prohibits eviction for non-payment of rent that came due between February 29, 2021, and September 30, 2021.

City of Seattle

Cargo Ship at the Port

In Seattle, the following actions regarding residential tenants are prohibited until January 15, 2022, by Civil Emergency Order:

  • Issue any notice unless there is an "imminent threat to the health or safety";

  • Taking any legal action in an eviction case unless there is an " imminent threat to the health or safety" including acting on expiration of a fixed-term lease; and

  • Charging late fees or other fees due to non-payment of rent.

 

In addition, the court may continue any existing case until the ban is terminated.

The following actions regarding small commercial businesses/non-profits are prohibited until January 15, 2022, by Civil Emergency Order:

  • Taking any action to evict for non-payment of rent;

  • Taking any action to enforce the end of a fixed-term rental agreement; and

  • Charging any amount for the late payment or non-payment of rent.

In addition, commercial landlords are prohibited from taking any action that would remove a small commercial business or non-profit from its rented premises via contractual or statutory rights and the court may continue any existing case until the ban is terminated.

Seattle has also passed multiple ordinances addressing unlawful detainers after the city's state of emergency ends. Those restrictions do not take effect until the emergency moratorium ends; they were summarized in our newsletter.

*All information displayed on the LT Services website is informational and shall not be deemed as legal advice.  If you would like legal representation or advice, please contact us through e-mail or by phone.  Until an attorney-client relationship has been established, no information you provide is privileged or confidential.