Washington State has seen significant legal changes that benefit many NJP clients as they combat housing injustice. On July 23rd, two new bills go into effect. They provide access to virtual hearings in eviction cases and modify post-tenancy damage deposit disputes in Washington.
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SB 5197 creates a new statute in the Residential Landlord-Tenant Act (RLTA) that allows tenants to appear in court remotely under certain circumstances. This appears to include electronic filing of emergency applications for tenants trying to stop an eviction from happening. The judicial officer must allow people to appear remotely unless the officer finds good cause to deny the request. Consistent use of remote appearances was introduced during the COVID-19 pandemic and will continue to help tenants who cannot appear in court in person. SB 5197.
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The second bill, HB 1074, makes big changes to the damage deposit portion of the RLTA. It imposes significant requirements for landlords to prove the damages they claim, defines normal wear and tear, and limits the reporting of debts to consumer reporting agencies. It requires the landlord to provide documentation of the damages with the move-out statement. It also increases the time the landlord has to provide the move out statement from 21 to 30 days.
These changes build on two previous major legal changes to housing law:
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The Right to Counsel Law, passed in April 2021, assures tenants with low income the right to a free lawyer if their eviction case ends up in court.
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Washington’s Just Cause eviction law, passed in May 2021, strengthens tenant protections against eviction. The new law requires landlords to provide a valid reason for an eviction and defines those reasons. Previously, landlords could end a tenancy with 20-days' notice without giving a reason.
Find out more at WashingtonLawHelp, NJP’s online portal to all you need to know about civil law in Washington.