State legislature to expand housing problems

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.