[WSBARP] Notice Requirements to End Tenancy Under Seattle Tenant Relocation

Fri Dec 11 14:06:59 PST 2015

David,

The 90 day notice does not appear to be a notice to move and according to your post, it was expressly stated to not be a notice to terminate.  Based on the following excerpt from the Seattle Code, I would suggest that the landlord would need to send a 20 day notice in the usual manner, that is 20 days prior to the end of the rent period. That should keep the tenant in the property until the end of January.

Being a foreigner (Spokane) that is just a guess.

Howard Herman

*        SEATTLE - MUNICIPAL CODE

*        Chapter 22.210 - TENANT RELOCATION ASSISTANCE <https://www.municode.com/library/wa/seattle/codes/municipal_code?nodeId=TIT22BUCOCO_SUBTITLE_IIHOCO_CH22.210TEREAS> 

*        22.210.140 - Eviction protection Modified 

A.

After the earlier of (1) the owner's application for a tenant relocation license; (2) the owner's application for a Master Use Permit necessary for demolition, change of use, substantial rehabilitation, or removal of use restrictions from a dwelling unit; or (3) the owner's application for a building permit necessary for demolition, change of use, substantial rehabilitation, or removal of use restrictions from a dwelling unit, the owner shall not evict any tenant except for good cause as defined in subsections 22.206.160.C.1.a, 22.206.160.C.1.b, 22.206.160.C.1.c, 22.206.160 <https://www.municode.com/library/wa/seattle/codes/municipal_code?nodeId=TIT22BUCOCO_SUBTITLE_IIHOCO_CH22.206HABU_SUBCHAPTER_VIDUOWTE_22.206.160DUOW> .
C.1.g, 22.206.160.C.1.h, 22.206.160.C.1.i, 22.206.160.C.1.n, and 22.206.160.C.1.p, and shall not, for the purpose of avoiding or diminishing the application of this Chapter 22.210 <https://www.municode.com/library/wa/seattle/codes/municipal_code?nodeId=TIT22BUCOCO_SUBTITLE_IIHOCO_CH22.210TEREAS> , reduce the services to any tenant or materially increase or change the obligations of any tenant. 

B.

Prior to application for a tenant relocation license, a master use permit necessary for demolition, change of use, substantial rehabilitation, or removal of use restrictions from a dwelling unit, or a building permit necessary for demolition, change of use, substantial rehabilitation, or removal of use restrictions from a dwelling unit, an owner shall not harass or intimidate tenants into vacating their units for the purpose of avoiding or diminishing the application of this chapter. 

(Ord. 124882, § 4, 2015; Ord. 118839 § 6, 1997; Ord. 117094 § 8, 1994; Ord. 115141 § 1(part), 1990.) 

*        22.210.140 - Eviction protection Modified 

A.

After the earlier of (1) the owner's application for a tenant relocation license; (2) the owner's application for a Master Use Permit necessary for demolition, change of use, substantial rehabilitation, or removal of use restrictions from a dwelling unit; or (3) the owner's application for a building permit necessary for demolition, change of use, substantial rehabilitation, or removal of use restrictions from a dwelling unit, the owner shall not evict any tenant except for good cause as defined in subsections 22.206.160.C.1.a, 22.206.160.C.1.b, 22.206.160.C.1.c, 22.206.160 <https://www.municode.com/library/wa/seattle/codes/municipal_code?nodeId=TIT22BUCOCO_SUBTITLE_IIHOCO_CH22.206HABU_SUBCHAPTER_VIDUOWTE_22.206.160DUOW> .
C.1.g, 22.206.160.C.1.h, 22.206.160.C.1.i, 22.206.160.C.1.n, and 22.206.160.C.1.p, and shall not, for the purpose of avoiding or diminishing the application of this Chapter 22.210 <https://www.municode.com/library/wa/seattle/codes/municipal_code?nodeId=TIT22BUCOCO_SUBTITLE_IIHOCO_CH22.210TEREAS> , reduce the services to any tenant or materially increase or change the obligations of any tenant. 

B.

Prior to application for a tenant relocation license, a master use permit necessary for demolition, change of use, substantial rehabilitation, or removal of use restrictions from a dwelling unit, or a building permit necessary for demolition, change of use, substantial rehabilitation, or removal of use restrictions from a dwelling unit, an owner shall not harass or intimidate tenants into vacating their units for the purpose of avoiding or diminishing the application of this chapter. 

(Ord. 124882, § 4, 2015; Ord. 118839 § 6, 1997; Ord. 117094 § 8, 1994; Ord. 115141 § 1(part), 1990.) 

Just Cause Eviction

1.

Pursuant to provisions of the state Residential Landlord-Tenant Act (RCW 59.18.290), owners may not evict residential tenants without a court order, which can be issued by a court only after the tenant has an opportunity in a show cause hearing to contest the eviction (RCW 59.18.380). Owners of housing units shall not evict or attempt to evict any tenant, or otherwise terminate or attempt to terminate the tenancy of any tenant unless the owner can prove in court that just cause exists. Owners may not evict residential tenants from rental housing units if the units are not registered with the Department of Planning and Development as required by Section 22.214.040, regardless of whether just cause for eviction may exist. An owner is in compliance with this registration requirement if the rental housing unit is registered with the Department of Planning and Development before entry of a court order authorizing eviction or before a writ of restitution is granted. A court may grant a continuance in an eviction action in order to give the owner time to register the rental housing unit. The reasons for termination of tenancy listed below, and no others, shall constitute just cause under this Section 22.206.160 <https://www.municode.com/library/wa/seattle/codes/municipal_code?nodeId=TIT22BUCOCO_SUBTITLE_IIHOCO_CH22.206HABU_SUBCHAPTER_VIDUOWTE_22.206.160DUOW> : 

a.

The tenant fails to comply with a three day notice to pay rent or vacate pursuant to RCW 59.12.030(3); a ten day notice to comply or vacate pursuant to RCW 59.12.030(4); or a three day notice to vacate for waste, nuisance (including a drug-related activity nuisance pursuant to Chapter 7.43 RCW), or maintenance of an unlawful business or conduct pursuant to RCW 59.12.030(5); 

b.

The tenant habitually fails to pay rent when due which causes the owner to notify the tenant in writing of late rent four or more times in a 12 month period; 

c.

The tenant fails to comply with a ten day notice to comply or vacate that requires compliance with a material term of the rental agreement or that requires compliance with a material obligation under Chapter 59.18 RCW

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of david at vaughanlawonline.net
Sent: Thursday, December 10, 2015 8:52 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Notice Requirements to End Tenancy Under Seattle Tenant Relocation

Hello,

Tenant (T) is month to month in a duplex in City of Seattle, and has been so for many years.  Landlord (L) sells duplex to Developer (D) to be demolished and replaced with a quad of Pez-Dispenser shaped houses.  L appears to continue to act as D's agent after sale, continues to accept rent payments due first of each month, last paid and accepted 12/1/15.

D provided 90-day notice to T pursuant to Tenant Relocation requirements.  Notice indicated building was to be demolished, advised of application process for relocation benefits, etc., but made clear it was not a notice to end tenancy or evict.  Notice was received mid-August 2015.

Other tenants in the duplex have vacated.  T is preparing to relocate.  T has contacted L and D to determine their schedule for ending tenancy, eviction, or demolition.  L and D have not been responsive.  T is understandably anxious.

Questions are: How much notice must L (or D) give T to end tenancy or evict?  Can L give only 20 days notice, or is more required?  If T gives, say, 60 days notice to L and L accepts, can L still end tenancy sooner?

T is hoping to extend tenancy at least through January to relocate.  Any suggestions would be greatly appreciated.

Best regards,

David Vaughan

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