Real Estate & Property Law

Trap for the Unwary - Section 180 of the Residential Landlord-Tenant Act

By Scott Eller, Esq.

In general under Washington law a tenant that creates a nuisance or commits waste may is subject to eviction for failure to comply with a three day notice to vacate.  There is noo opportunity to cure.  RCW 59.12.030.

However, in a residential tenancy some tenant behavior that may constitute a nuisance may require 30 days notice and an opportunity to cure.

If the tenant violates the Residential Landlord-Tenant Act or lease ?and such noncompliance can substantially affect the health and safety of the tenant or other tenants, or substantially increase the hazards of fire or accident that can be remedied by repair, replacement of a damaged item, or cleaning, the tenant shall comply within thirty days after written notice by the landlord specifying the noncompliance?if the defective condition is remedied after the commencement of an unlawful detainer action, the tenant may be liable to the landlord for statutory costs and reasonable attorney’s fees?.   RCW 59.18.180.

Section 180 does not apply to drug-related activity, gang activity, or physical assaults upon another person which result in an arrest.   (But the landlord would still have to issue a notice under RCW 59.12.)

Under RCW 59.18.180(5) the landlord has limited immunity to bring certain unlawful detainer actions, including:

• drug-related activity,
• for creating an imminent hazard to the physical safety of others, or
• for engaging in gang-related activity that renders people in at least two or more    dwelling units or residences insecure in life or the use of property or that injures or endangers the safety or health of people in at least two or more dwelling units or residences under this section,

Gang activity is defined at RCW 59.18.030.

“Gang” means a group that: (a) Consists of three or more persons; (b) has identifiable leadership or an identifiable name, sign, or symbol; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.

“Gang-related activity” means any activity that occurs within the gang or advances a gang purpose.

In determining whether a tenant is engaged in gang-related activity courts consider the totality of the circumstances, including factors such as:

• whether there have been a significant number of complaints to the landlord about the tenant’s activities at the property,
• damages done by the tenant to the property, including the property of other tenants or neighbors,
• harassment or threats made by the tenant to other tenants or neighbors that have been reported to law enforcement agencies,
• any police incident reports involving the tenant, and the tenant’s criminal history

A landlord may unwittingly fail to comply with the Residential Landlord-Tenant Act when serving a nuisance notice.  It is wise to consult an attorney first.

Full post as published by Seattle Landlord-Tenant Attorney on September 14, 2008 (boomark / email).