[WSBARP] UDs and Flooded Apt

[Kaitlyn Jackson]

Paul -

There is RCW 59.18.200, but it requires 120 days' notice. It's not usually
used for the type of repairs that are immediately needed like your facts
seem to indicate. In a case like yours, I usually use either RCW
59.18.650(2)(h), RCW 59.18.650(2)(c)  and/or RCW 59.12.030. But this is all
very fact specific.

*RCW 59.18.650(2)(c) The tenant continues in possession after having
received at least three days' advance written notice to quit after he or
she commits or permits waste or nuisance upon the premises, unlawful
activity that affects the use and enjoyment of the premises, or other
substantial or repeated and unreasonable interference with the use and
enjoyment of the premises by the landlord or neighbors of the tenant;*



*RCW 59.18.650(2)(h) The tenant continues in possession, after the landlord
has provided at least 30 days' advance written notice to vacate that: (i)
The premises has been certified or condemned as uninhabitable by a local
agency charged with the authority to issue such an order; and (ii)
continued habitation of the premises would subject the landlord to civil or
criminal penalties. However, if the terms of the local agency's order do
not allow the landlord to provide at least 30 days' advance written notice,
the landlord must provide as much advance written notice as is possible and
still comply with the order;*

*RCW 59.18.200 <http://app.leg.wa.gov/RCW/default.aspx?cite=59.18.200>*
Tenancy from month to month or for rental period—End of tenancy—Armed
forces exception—Exclusion of children—Conversion to condominium—Demolition,
substantial rehabilitation of the premises—Notice.
(1)(a) When premises are rented for an indefinite time, with monthly or
other periodic rent reserved, such tenancy shall be construed to be a
tenancy from month to month, or from period to period on which rent is
payable, and shall end by written notice of 20 days or more, preceding the
end of any of the months or periods of tenancy, given by the tenant to the
landlord.
(b) Any tenant who is a member of the armed forces, including the national
guard and armed forces reserves, or that tenant's spouse or dependent, may
end a rental agreement with less than 20 days' written notice if the tenant
receives permanent change of station or deployment orders that do not allow
a 20-day written notice.
(2)(a) Whenever a landlord plans to change to a policy of excluding
children, the landlord shall give a written notice to a tenant at least 90
days before the tenancy ends to effectuate such change in policy. Such
90-day notice shall be in lieu of the notice required by subsection (1) of
this section. However, if after giving the 90-day notice the change in
policy is delayed, the notice requirements of subsection (1) of this
section shall apply unless waived by the tenant.
(b) Whenever a landlord plans to change any apartment or apartments to a
condominium form of ownership, the landlord shall provide a written notice
to a tenant at least 120 days before the tenancy ends, in compliance with
RCW 64.34.440 <http://app.leg.wa.gov/RCW/default.aspx?cite=64.34.440>(1),
to effectuate such change. The 120-day notice is in lieu of the notice
required in subsection (1) of this section. However, if after providing the
120-day notice the change to a condominium form of ownership is delayed,
the notice requirements in subsection (1) of this section apply unless
waived by the tenant.
(c)(i) Whenever a landlord plans to demolish or substantially rehabilitate
premises or plans a change of use of premises, the landlord shall provide a
written notice to a tenant at least 120 days before the tenancy ends. This
subsection (2)(c)(i) does not apply to jurisdictions that have created a
relocation assistance program under RCW 59.18.440
<http://app.leg.wa.gov/RCW/default.aspx?cite=59.18.440> and otherwise
provide 120 days' notice.
(ii) For purposes of this subsection (2)(c):
(A) "Assisted housing development" means a multifamily rental housing
development that either receives government assistance and is defined as
federally assisted housing in RCW 59.28.020
<http://app.leg.wa.gov/RCW/default.aspx?cite=59.28.020>, or that receives
other federal, state, or local government assistance and is subject to use
restrictions.
(B) "Change of use" means: (I) Conversion of any premises from a
residential use to a nonresidential use that results in the displacement of
an existing tenant; (II) conversion from one type of residential use to
another type of residential use that results in the displacement of an
existing tenant, such as conversion to a retirement home, emergency
shelter, or transient hotel; or (III) conversion following removal of use
restrictions from an assisted housing development that results in the
displacement of an existing tenant: PROVIDED, That displacement of an
existing tenant in order that the owner or a member of the owner's
immediate family may occupy the premises does not constitute a change of
use.
(C) "Demolish" means the destruction of premises or the relocation of
premises to another site that results in the displacement of an existing
tenant.
(D) "Substantially rehabilitate" means extensive structural repair or
extensive remodeling of premises that requires a permit such as a building,
electrical, plumbing, or mechanical permit, and that results in the
displacement of an existing tenant.

*Sent with Right Inbox <https://www.rightinbox.com/?utm_source=signature>*


On Wed, Aug 17, 2022 at 1:18 PM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> UD Gurus, is there a provision for kicking a T out when there has been
> substantial damage to the premises?  Unit floods with 3 inches of water a
> month ago but NOT caused by T.  T refuses to move or allow insurance
> company to come in and repair.  My thought is that this *may* be under
> RCW 59.18.650(2)(c) when the T “commits or permits waste or nuisance.” Who
> knows what mold is developing now?  The argument is that T is permitting
> the waste (dry rot, mold) to continue.  What say you?
>
>
>
>
>
>
>
>
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-- 

Thank you,



Kaitlyn R. Jackson, Senior Associate Attorney

Dimension Law Group, PLLC

*Office:*  206-973-3500│*Fax:*  206-577-5090

*Email: **kaitlyn**@dimensionlaw.com <http://dimensionlaw.com/>*

*www.dimensionlaw.com <http://www.dimensionlaw.com/>*

130 Andover Park East, Suite 300, Tukwila, WA 98188



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