[WSBARP] 1 year lease termination and new statute

[Timothy Lehr]

All,

I have a PC (landlord) whose 1-year lease agreement with their tenant just expired on May 31, 2021. It was a 1-year lease and DID NOT provide for a month-to-month following expiration of the lease. PC would like to terminate tenancy, I realize she cannot proceed until the moratorium expires, as expiring leases are covered. However, I would like to advise her on her next steps if/when the moratorium is lifted and this is my first real dive into HB 1236.

My reading of new Section 2(1)(c) - if you have a 12+ month lease agreement that states the tenancy DOES NOT convert to a month to month upon expiration, you can only terminate with 60 days-notice prior to the termination date of the lease.

Based on that reading, I have a couple questions:

  1.  Since the new statute was signed into law in May, what are the chances PC could successfully move forward with eviction without the 60 day notice, OR should she provide 60 days-notice now (after the lease terminated - but based on substantial compliance)?
  2.  What does subsection (f) mean? It just plainly states "A tenant may end a tenancy for a specified time by providing notice in writing not less than 20 days prior to the ending date of the specified time" Seems to be contradictory to the rest of the statute...

I haven't taken the time to chart out these new rules on a "cheat sheet" yet, so I'm just diving in. Has anyone outlined the new requirements or have thoughts on the above situation?

Thanks!

Timothy C. Lehr
Attorney at Law

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