Official Text and Analysis.

Amends the definition of "rent" to remove "deposits" from the definition of rent. (2) Restates a new provision to provide that, except as provided elsewhere in statute, a tenant's right to possession (rather than "continued tenancy or relief from forfeiture") may not be conditioned on a tenant's payment or satisfaction of any amount other than rent. (3) Retains RCW 59.18.380 as is in current law, rather than amend to provide for judicial discretion. (Note: RCW 59.18.410, which is amended to add judicial discretion, provides that that section also applies to RCW 59.18.380.) (4) Amends the new judicial discretion language in RCW 59.18.410, and limits it to situations in which the court has entered judgment in favor of the plaintiff for restitution of the premises due to nonpayment of rent. (5) Strikes the summons form found in current law, and provides a new form. (6) Amends the provision regarding alternative service to require, before entry of judgment for failure to appear, that an affidavit be filed describing efforts at service. (7) Strikes language in RCW 59.18.390 that provides for a bond from the tenant or person in possession.

Requires that a motion by the tenant be accompanied by payment of one month's rent into the court registry, rather than providing that the tender of one month's rent be made within 5 court days of a court order on the motion.

Provides for a 7 day notice to pay or vacate instead of a 14 day notice to pay or vacate.

Strikes a provision which limits the court's authority to award reasonable attorneys' fees in cases in which the alleged unlawful detainer is after default in the payment of rent or for violation of a condition of the rental agreement to situations in which the court has found that the tenant did not act in good faith, willfully performed an act prohibited by the lease or the governing law, or willfully refrained from performing an act required by the lease or the governing law.

Strikes the subsection that provides that, except as provided in RCW 59.18.410 (which pertains to the court process), the tenant's right to possession may not be conditioned on a tenant's payment or satisfaction of any monetary amount other than rent and further provides that a landlord is not foreclosed from pursuing other lawful remedies to collect late payments, damages, legal costs, or other fees, including attorneys' fees.

Makes a number of changes to the Residential Landlord-Tenant Act, including: affording tenants 14 days (up from three days) to comply with a notice to pay rent or vacate prior to commencement of an unlawful detainer action; defining "rent," and providing that continued tenancy or relief from forfeiture may not be conditioned on the payment of any amount other than rent; and authorizing the use of judicial discretion in unlawful detainer proceedings.

Adds an intent section. (2) Modifies the 14-day uniform notice to pay or vacate for default in payment of rent and/or utilities to include recurring or periodic charges, as appropriate, with itemized amounts owed for rent, utilities, and recurring or periodic charges identified in the lease. (3) Provides that the 14-day notice to pay or vacate form does not abolish any additional notice requirements to tenants as required by federal, state, or local law. (4) Transfers the notice publication requirements to the Office of the Attorney General from the Department of Commerce. (5) Permits the Office of the Attorney General to produce and maintain on its web site translated versions of other notices, in addition to the 14-day notice to pay or vacate. Code Rev/AI:eab 28 S-3314.2/19 2nd draft (6) Modifies the definition of "rent" to mean recurring or periodic charges identified in the rental agreement for the use and occupancy of the premises, which may include charges for utilities. (7) Requires the tenant to pay an additional $50 in late fees for each prior reinstatement of tenancy that occurred within the previous 12-month period. (8) Revises the factors that the court must consider in determining whether to stay or vacate the writ of restitution for good cause (judicial discretion) to focus entirely upon the tenant and his or her circumstances. (9) Creates a payment plan process if judicial discretion is exercised, addressing the timing and amount of payments and tenant options depending on the date of the court order. (10) Prescribes a notice of default in statute which a landlord may serve upon a tenant if the tenant defaults on a payment plan. Provides the tenant with three calendar days from date of service of the notice of default to vacate the premises before execution of the writ of restitution. (11) Allows the landlord, in the event of a default by a tenant on a payment plan, to submit an application to Commerce to pay the balance from the Landlord Mitigation Program (LMP). (12) Requires the court, whenever a tenant seeks a stay or vacation of a writ of restitution following entry of a judgment for restitution due to nonpayment, to issue a finding as to whether the tenant is low-income, limited resourced, or experiencing hardship; and if the tenant is so found, authorizes the court to issue an order vacating the writ and providing for payment from the LMP and to direct the clerk to remit any future payments made by the tenant to Commerce. (13) Provides additional specificity regarding claims from the LMP for unpaid judgments for rent/late fees/attorneys' fees/costs. Tasks Commerce with providing for a claim form on its web site. Provides that when a landlord has been reimbursed from the LMP, Commerce shall notify the tenant regarding reimbursing the fund. (14) Authorizes landlords to renew an application for writs of restitution if Commerce fails to disburse payment to the landlord within 30 days of application to the LMP. (15) Provides that if a landlord claim to the LMP cannot be satisfied due to lack of existing funding, the claim is deemed durable and must be paid in the order received until funding in the LMP is replenished. (16) Authorizes Commerce to deny an LMP application made by a tenant if the tenant has failed to reimburse Commerce for prior payments issued under the LMP. (17) Authorizes the court to issue an ex parte stay of a writ of restitution sought by a tenant if the tenant or tenant's attorney indicates good faith efforts were made to notify the other party, why notice could not be provided if no efforts were made, and describes the harm that may result if an immediate stay is not granted. (18) Sets forth the criteria for an award of reasonable attorneys' fees where the court has entered a judgment in favor of the landlord restoring possession of the property or if the tenant has filed a motion to stay a writ of restitution from execution. (19) Provides that due diligence under the alternative means of service is met when the landlord attempts personal service on the tenant at least three times over not less than two days and at different times of the day. (20) Makes technical corrections to implement the new judicial discretion language and to achieve consistency when referring to tenants and landlords in affected provisions. (21) Makes the act null and void if funding is not provided in the capital or operating budget.