Washington Code 59.18.200 – Tenancy from month to month or for rental period — End of tenancy — Armed forces exception — Exclusion of children — Conversion to condominium — Demolition, substantial rehabilitation of the premises
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(1)(a) When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall end by written notice of 20 days or more, preceding the end of any of the months or periods of tenancy, given by the tenant to the landlord.
Terms Used In Washington Code 59.18.200
- Dependent: A person dependent for support upon another.
- Immediate family: includes state registered domestic partner, spouse, parents, grandparents, children, including foster children, siblings, and in-laws. See Washington Code 59.18.030
- Landlord: means the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and in addition means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager. See Washington Code 59.18.030
- Orders: means written official military orders, or any written notification, certification, or verification from the service member's commanding officer, with respect to the service member's current or future military status. See Washington Code 59.18.030
- Owner: means one or more persons, jointly or severally, in whom is vested:
Washington Code 59.18.030Permanent change of station: means : (a) Transfer to a unit located at another port or duty station; (b) change in a unit's home port or permanent duty station; (c) call to active duty for a period not less than 90 days; (d) separation; or (e) retirement. See Washington Code 59.18.030 Premises: means a dwelling unit, appurtenances thereto, grounds, and facilities held out for the use of tenants generally and any other area or facility which is held out for use by the tenant. See Washington Code 59.18.030 tenant: is a ny person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement. See Washington Code 59.18.030
(b) Any tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant’s spouse or dependent, may end a rental agreement with less than 20 days’ written notice if the tenant receives permanent change of station or deployment orders that do not allow a 20-day written notice.
(2)(a) Whenever a landlord plans to change to a policy of excluding children, the landlord shall give a written notice to a tenant at least 90 days before the tenancy ends to effectuate such change in policy. Such 90-day notice shall be in lieu of the notice required by subsection (1) of this section. However, if after giving the 90-day notice the change in policy is delayed, the notice requirements of subsection (1) of this section shall apply unless waived by the tenant.
(b) Whenever a landlord plans to change any apartment or apartments to a condominium form of ownership, the landlord shall provide a written notice to a tenant at least 120 days before the tenancy ends, in compliance with RCW 64.34.440(1), to effectuate such change. The 120-day notice is in lieu of the notice required in subsection (1) of this section. However, if after providing the 120-day notice the change to a condominium form of ownership is delayed, the notice requirements in subsection (1) of this section apply unless waived by the tenant.
(c)(i) Whenever a landlord plans to demolish or substantially rehabilitate premises or plans a change of use of premises, the landlord shall provide a written notice to a tenant at least 120 days before the tenancy ends. This subsection (2)(c)(i) does not apply to jurisdictions that have created a relocation assistance program under RCW 59.18.440 and otherwise provide 120 days’ notice.
(ii) For purposes of this subsection (2)(c):
(A) “Assisted housing development” means a multifamily rental housing development that either receives government assistance and is defined as federally assisted housing in RCW 59.28.020, or that receives other federal, state, or local government assistance and is subject to use restrictions.
(B) “Change of use” means: (I) Conversion of any premises from a residential use to a nonresidential use that results in the displacement of an existing tenant; (II) conversion from one type of residential use to another type of residential use that results in the displacement of an existing tenant, such as conversion to a retirement home, emergency shelter, or transient hotel; or (III) conversion following removal of use restrictions from an assisted housing development that results in the displacement of an existing tenant: PROVIDED, That displacement of an existing tenant in order that the owner or a member of the owner’s immediate family may occupy the premises does not constitute a change of use.
(C) “Demolish” means the destruction of premises or the relocation of premises to another site that results in the displacement of an existing tenant.
(D) “Substantially rehabilitate” means extensive structural repair or extensive remodeling of premises that requires a permit such as a building, electrical, plumbing, or mechanical permit, and that results in the displacement of an existing tenant.
[ 2021 c 212 § 3. Prior: 2019 c 339 § 1; 2019 c 23 § 2; 2008 c 113 § 4; 2003 c 7 § 1; 1979 ex.s. c 70 § 1; 1973 1st ex.s. c 207 § 20.]
NOTES:
Effective date—2021 c 212: See note following RCW 59.18.030.
Application—Effective date—2008 c 113: See notes following RCW 64.34.440.
Effective date—2003 c 7: “This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 24, 2003].” [ 2003 c 7 § 4.]
Unlawful detainer, notice requirement: RCW 59.12.030(2).