[WSBARP] WSBARP Digest, Vol 75, Issue 13

[Timothy Lehr]

Sangeeta,

I have a number of clients calling me wanting to file evictions on tenants who have not been effected by COVID. From my reading of the moratorium, nothing in the order actually states that the tenant must show that they have been effected by COVID. However, the "WHEREAS's" certainly list COVID as the reasoning behind the moratorium, but I still don't see any requirement that tenant has to prove anything. It reads as a blanket moratorium on evictions. 

Say your tenant is up to date on rent, but otherwise in default of their lease agreement. I don't see a way to evict under the order, aside from the exceptions for immediate and significant threats to health, safety or property of others OR LL's intent to sell or occupy.

Needless to say, I have real problems with the language of this order. Hopefully any extensions will actually address a tenant's burden to show they have been effected. 

There have been lawsuits filed against the Governor, most recently in Lewis County. The Washington Landlord Association joined as a party. Below is a link to their website which has a PDF of the complaint. I believe there are also complaints filed in King and Pierce Counties. I'm very interested to see how those play out. But, I agree with others that the moratorium will not be lifted anytime soon and there will likely be legislation to further increase tenant rights before the moratorium is lifted. I'm afraid legitimate evictions will be increasingly difficult to pursue from here on out. 

https://www.walandlord.org/

My 2 cents. 

Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.

p:   360.855.0131
e:   timothy at stileslaw.com
w:  www.stileslaw.com

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Sent: Tuesday, December 15, 2020 10:53 AM
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Subject: WSBARP Digest, Vol 75, Issue 13

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