SB 5600 substantially changes the Residential Landlord-Tenant relationship in Washington State to a point where the
tenant will have many new and unsustainable advantages over the landlord. This is
presented as philosophically addressing supposed “economic
injustice” between the landlord and the tenant. SB5600 will
actually create a destruction of small landlord owned housing in
favor of the mega-developer owned landlord housing.
SB 5600 will:
Extends the 3-day notice to pay and
vacate for default in rent payment to 14 days notice for tenancies
under the Residential Landlord-Tenant Act.
1. The 3 day pay up or
vacate order is customarily issued when the rent is already 5 days
late. Otherwise, the rent is current, and the order would have no
standing. (It wouldn't make any sense either. A landlord rents to
the tenant to get income, not to be mean and nasty).
==> Ask yourself who is most
affected by this? The small landlord who has to have the rent to meet
his rental expenses will be hurt when the rent does not come in on time. The
mega landlord will be more able to endure the 2 week, state sponsored, screw ups.
2. Creates a uniform 14-day notice
to pay and vacate that includes information on how tenants can
access legal and advocacy resources.
==> This is also designed to favor
the mega-landlord, and hurt the small family operation.
3. Requires the Attorney General's
Office to provide translated versions of the uniform 14-day notice on
its website in at least the top 10 languages used in the state.
==> Top 10 languages? Maybe we
should make an effort to speak the same language? If the tenant and
the landlord cannot communicate directly, how will they inform each
other of problems with the property? Perhaps this one should be
stretched farther to include days when the AG would furnish a free
translation services?
4. Requires a landlord to first
apply any tenant payment to rent before applying the payment
toward other charges.
==> This is abusive on the face of
it. If the landlord has any claim against a tenant, this section
would apply any claim to the rent. Example: If a tenant has a friend
over who breaks the toilet bowl, the $400 or so would be applied to
rent. The legislature is flatly immoral if they pass this one
5. Requires a tenant to pay into court or
to the landlord upon judgment for default in the payment of rent
within five court days any rent due, any court costs incurred at the
time of payment, late fees that may not exceed $75 in total, and
attorneys' fees if awarded, to be restored to his or her tenancy.
==> This is overbearing regulation: It requires
the tenant and landlord who have not gotten along to restore their
tenant landlord relationship. A grown up solution is to let the
tenant and landlord go their separate ways.
6. Provides requirements and
limitations on the award of attorneys' fees under
unlawfuldetainer actions, based on the amount of rent awarded in the judgment
and on whether the tenant or landlord prevails at a hearing where
judicial discretion is exercised.
==> Considering that judicial
discretion is traditionally on the side of the tenant (with or without cause), this is
designed to destroy small landlords and enrich lawyers.
7. Provides the court with discretion to
provide relief from forfeiture or to stay a writ of restitution based
upon the required consideration of certain factors and with the
burden of proof for relief on the tenant.
==> This means “Legalize that a
tenant does not have to pay if it would be uncomfortable for the tenant to do so.” Fleece the landlord.
8. Expands eligibility of the Landlord
Mitigation Program to include landlord claims for reimbursement
in
unlawful detainer cases where judicial discretion is exercised
and there is an unpaid judgment for rent, late fees, attorneys' fees,
and costs.
==> Landlords will have to file
claims with this state agency to pay for damage or costs the tenant
incurs. This will affect all taxpayers in the state who eventually
foot the bill. Because of the extra complications this will also make
it difficult for small landlords to operate with the extra cost and
delay.
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March 19 -- SB 5600 is scheduled for public hearing in the House Committee on Civil Rights & Judiciary in Olympia at 10:00 AM (Subject to change).
(Committee Materials)
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Thanks to the sloppy drafting of this act, some of these changes cannot be applied to existing RLT contracts. Washington State's constitution does not allow the Legislature to alter existing contracts (Article 1, Section 23). However, the Legislature may alter court proceeding.
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I like small time landlords; most of them want to serve the people and make a reasonable living at it. They've had to make a substantial commitment of their life's savings to do it. If you are having trouble with your landlord, please try talking with him/her first. Keep it on human talking with another human level. Don't set the State Operated Big Machine chewing on someone until you can see the human being.