HB 1236 and SB 5160: 2 New Laws and Their Landlord/Tenant Impact

August 31, 2021

The legal landscape of real estate is ever-changing, and we’re here to help renters and owners understand what that means for you. The COVID-19 pandemic has resulted in many challenges. It has also been a turbulent time for landlords and tenants. Recently, House Bill 1236 and Senate Bill 5160 passed in Washington state, making many situations more complex.

What are SB 5160 and HB 1236?

The state legislature is working diligently to ensure that the houseless population does not skyrocket after the moratorium ends. The two new bills are made to protect tenants from being evicted during this public health crisis.

SB 5160 guarantees tenants the legal right to counsel during eviction proceedings. Any tenants who receive public assistance or have incomes below the federal poverty level will have access to general attorneys.

H B 1236 limits evictions by requiring landlords to provide a valid reason for removing tenants. The bill is nuanced and contains some exceptions. For example, a landlord can end the lease without cause if it is the tenant’s first time leasing within the first 6 to 12 months. There are many more details within this bill that can be confusing to the general public. However, our Property Managers are happy to answer any questions you may have.

What’s the Eviction Moratorium Bridge?

The Federal Eviction Moratorium expired at the end of July, but Washington residents are still protected by Governor Inslee’s Eviction Moratorium Bridge. The new ordinance attempts to ease Washington out of this complex situation. As of August 1, 2021, tenants are required to start paying rent in full again. Additionally, landlords can evict tenants from missed rent between February 2020 through July 2021, but only if certain condi tions are met.

What does this mean for landlords?

The two new bills provide more legal ground for tenants and landlords to communicate their needs to each other. Although the Eviction Moratorium protects tenants, some landlords have struggled to pay the mortgages on their properties without the monthly rental income. Others have struggled to pay for their rental properties’ repairs and other fees due to the changes. At no fault of either party, it’s understandable that this can cause friction within the tenant-landlord relationship.

How can a Property Manager help?

If you are currently renting out your property or thinking of doing so, a Property Manager can help manage negotiations, issues that may arise, and the financial and legal aspects of your rental property.

At Windermere Property Management/West Sound, we manage over 340 rental properties per year in Kitsap County. We’re a full-service property management company, and our Property Managers have over 31 years of experience. If you have questions, feel free to contact us.