March 6, 2008

Law clarifying unlawful detainer procedure passes

OLYMPIA — Washington’s Legislature unanimously passed legislation today that clarifies the process for landlords and tenants to follow when there is a question of unpaid rent.

Senate Bill 6060, sponsored by Sen. Adam Kline, D-Seattle, changes the unlawful detainer procedures when a tenant is required to either pay the alleged rent owed into the court registry or submit a statement why rent is not owed. The legislation spells out the landlord’s notification responsibilities when serving the tenant, and how long the tenant has to respond.

Under the bill, the landlord must serve notice of the requirements to the tenant in a separate notice from the summons and complaint. The notice form provided in statute is changed to reflect that it is a separate notice than the summons and complaint and to provide specific directions to the tenant.

Last September, lawyers representing the landlords and the tenants got together, agreeing that changes need to be made to the current law. After meeting for four months, they came up with a compromise both sides could agree on which led to the timelines and notices clarification.

“The current statute is one of the most difficult to explain to a tenant that has a stack of papers with differing dates,” said Kline. “This will help them know better what to do if they find themselves in this situation.”

The bill doesn't affect the substantive rights of landlords and tenants, but just clarifies the timelines and procedures.

After unanimously passing the Senate on Feb. 18 and the House today, SB 6060 now goes to Governor Gregoire for her signature. The Governor has 10 days to sign the bill into law. The 2008 Session is scheduled to adjourn March 13.


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