Washington Code 59.18.220 – End of tenancy for a specified time — Armed forces exception
Current as of: 2023 | Check for updates
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(1) Except as limited under RCW 59.18.650, in cases where premises are rented for a specified time, by express or implied contract, the tenancy shall be deemed expired at the end of such specified time upon notice consistent with RCW 59.18.650, served in a manner consistent with RCW 59.12.040.
Terms Used In Washington Code 59.18.220
- Active duty: means service authorized by the president of the United States, the secretary of defense, or the governor for a period of more than 30 consecutive days. See Washington Code 59.18.030
- Contract: A legal written agreement that becomes binding when signed.
- Dependent: A person dependent for support upon another.
- 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
- Permanent 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
- Service member: means an active member of the United States armed forces, a member of a military reserve component, or a member of the national guard who is either stationed in or a resident of Washington state. 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
(2) 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 tenancy for a specified time if the tenant receives permanent change of station or deployment orders. Before ending the tenancy, the tenant, or that tenant’s spouse or dependent, shall provide written notice of 20 days or more to the landlord, which notice shall include a copy of the official military orders or a signed letter from the service member‘s commanding officer confirming any of the following criteria are met:
(a) The service member is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises;
(b) The service member is prematurely or involuntarily discharged or released from active duty;
(c) The service member is released from active duty after having leased the rental premises while on active duty status and the rental premises is 35 miles or more from the service member’s home of record prior to entering active duty;
(d) After entering into a rental agreement, the commanding officer directs the service member to move into government provided housing;
(e) The service member receives temporary duty orders, temporary change of station orders, or active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period not less than 90 days; or
(f) The service member has leased the property, but prior to taking possession of the rental premises, receives change of station orders to an area that is 35 miles or more from the location of the rental premises.
NOTES:
Effective date—2021 c 212: See note following RCW 59.18.030.
Effective date—2003 c 7: See note following RCW 59.18.200.