[WSBARP] Attorney General's 14-Day Notice to Pay Rent or Vacate

[Kaitlyn Jackson]

I don't use the forms from the AG's office because they do not use the
exact language from the statute and I'm risk-averse when it comes to notice
issues in unlawful detainers. However, RCW 59.18.057 (copied and pasted
below) actually says that the 14 day notice must be "*substantially* in the
following form" so there's an argument that the AG's version meets that
standard.  However, it is worth noting that the AG's office has been
notified of this issue regarding their notices - and they may change them.
My sense is that the political winds are blowing in the direction of
helping landlords or attorneys move non-payment of rent cases forward. Not
many cases have made it far enough to get a resolution to this issue any
way because many DRCs are still withholding the necessary certificate of
compliance (King County, for example) that allows the landlord to file the
unlawful detainer, so cases are still not able to get before the court. I
expect that when they do, we will see those forms from the AG's office
challenged - and we will have to "wait and see" what the Commissioners do
about that problem.

RCW 59.18.057 <http://app.leg.wa.gov/RCW/default.aspx?cite=59.18.057>
Notice—Form.
(1) Every 14-day notice served pursuant to RCW 59.12.030
<http://app.leg.wa.gov/RCW/default.aspx?cite=59.12.030>(3) must be in*
substantially* the following form:

"TO:

AND TO:

ADDRESS:
FOURTEEN-DAY NOTICE TO PAY RENT OR VACATE THE PREMISES
You are receiving this notice because the landlord alleges you are not in
compliance with the terms of the lease agreement by failing to pay rent
and/or utilities and/or recurring or periodic charges that are past due.
(1) Monthly rent due for (list month(s)): $ (dollar amount)
AND/OR
(2) Utilities due for (list month(s)): $ (dollar amount)
AND/OR
(3) Other recurring or periodic charges identified in the lease for (list
month(s)): $ (dollar amount)
TOTAL AMOUNT DUE: $ (dollar amount)
Note - payment must be made pursuant to the terms of the rental agreement
or by nonelectronic means including, but not limited to, cashier's check,
money order, or other certified funds.
You must pay the total amount due to your landlord within fourteen (14)
days after service of this notice or you must vacate the premises. Any
payment you make to the landlord must first be applied to the total amount
due as shown on this notice. Any failure to comply with this notice within
fourteen (14) days after service of this notice may result in a judicial
proceeding that leads to your eviction from the premises.
The Washington state Office of the Attorney General has this notice in
multiple languages as well as information on available resources to help
you pay your rent, including state and local rental assistance programs, on
its website at www.atg.wa.gov/landlord-tenant.
State law provides you the right to legal representation and the court may
be able to appoint a lawyer to represent you without cost to you if you are
a qualifying low-income renter. If you believe you are a qualifying
low-income renter and would like an attorney appointed to represent you,
please contact the Eviction Defense Screening Line at 855-657-8387 or apply
online at https://nwjustice.org/apply-online. For additional resources,
call 2-1-1 or the Northwest Justice Project CLEAR Hotline outside King
County (888) 201-1014 weekdays between 9:15 a.m. – 12:15 p.m., or (888)
387-7111 for seniors (age 60 and over). You may find additional information
to help you at http://www.washingtonlawhelp.org. Free or low-cost mediation
services to assist in nonpayment of rent disputes before any judicial
proceedings occur are also available at dispute resolution centers
throughout the state. You can find your nearest dispute resolution center
at https://www.resolutionwa.org.
State law also provides you the right to receive interpreter services at
court.
OWNER/LANDLORD:___________DATE:______________
WHERE TOTAL AMOUNT DUE IS TO BE PAID: ___(owner/landlord name)___
___________(address)________"
(2) Upon expiration of the eviction resolution pilot program established
under RCW 59.18.660 <http://app.leg.wa.gov/RCW/default.aspx?cite=59.18.660>:
(a) The landlord must also provide the notice required in this section to
the dispute resolution center located within or serving the county in which
the dwelling unit is located. It is a defense to an eviction under RCW
59.12.030 <http://app.leg.wa.gov/RCW/default.aspx?cite=59.12.030> that a
landlord did not provide additional notice under this subsection.
(b) Dispute resolution centers are encouraged to notify the housing justice
project or northwest justice project located within or serving the county
in which the dispute resolution center is located, as appropriate, once
notice is received from the landlord under this subsection.
(3) The form required in this section does not abrogate any additional
notice requirements to tenants as required by federal, state, or local law.
[ 2021 c 115 § 10
<http://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Session%20Laws/Senate/5160-S2.SL.pdf?cite=2021%20c%20115%20%C2%A7%2010>
; 2020 c 315 § 2
<http://lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bills/Session%20Laws/Senate/6378-S.SL.pdf?cite=2020%20c%20315%20%C2%A7%202>
; 2019 c 356 § 3
<http://lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bills/Session%20Laws/Senate/5600-S.SL.pdf?cite=2019%20c%20356%20%C2%A7%203>
.]


On Mon, Jan 3, 2022 at 2:25 PM <Jeff at bellanddavispllc.com> wrote:

> Listmates:
>
>
>
> Client wants to start eviction process for past due rent.  I talked with
> the local dispute resolution program that will handle the
> mediation/reasonable repayment agreement process.  They referred me to the
> AG’s website for the form of a 14-Day Notice to Pay Rent or Vacate
> Premises.  I compared that notice with RCW 59.18.660.  The AG’s notice is
> not “word for word” compliant with the law.  Have any of you used the AG’s
> notice form?  If so, has it ever been challenged?  I doubt we have the
> ability to rely on the AG’s form, as they are just attorneys like the rest
> of us.
>
>
>
> Jeff Davis
>
>
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>
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-- 

Thank you,



Kaitlyn R. Jackson, Attorney

Dimension Law Group, PLLC

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

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

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