Guide to Surviving Washington's Eviction Moratorium

I can’t pay my mortgage!

How do I work out payment plans with my tenants?

My tenants lost work because of COVID and can’t pay rent!

I don’t want to evict them when the moratorium ends, but they’re scared and won’t talk to me!

How do I get a payment plan?

I can’t pay my rent!

Will I be homeless when the eviction moratorium ends?

GUIDE TO SURVIVING

THE EVICTION MORATORIUM INFORMATION FOR PIERCE COUNTY TENANTS, LANDLORDS & PROPERTY MANAGERS

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EVICTION DEFENSE KNOW YOUR RIGHTS MEDIATION

The Moratorium Governor Inslee has issued several proclamations placing a moratorium (a temporary ban) on evictions while Washington residents deal with the outbreak of COVID-19.

The current eviction moratorium expires at 11:59 pm on October 15, 2020.

The eviction moratorium applies to: •

People renting residential properties;

•

People who have stayed for 14 or more consecutive days at hotels, motels, or other non-traditional dwelling situations; and

•

Tenants and residents whose leases expire before October 15, 2020.

A detailed overview of restrictions and exceptions included in all the Governor’s proclamations is available here: http://www.tacomaprobono.org/hjp.html

This publication was written and produced by the Tacomaprobono Housing Justice Project in August 2020.

Information provided here is not intended to substitute for professional legal advice or representation in your case. If you are low-income and have a legal issue in Pierce County please contact Tacomaprobono using the contact information on the last page of this booklet.

What Happens When the Moratorium Ends?

When the moratorium ends, can my landlord evict me for rent I could not afford to pay because of COVID-19?

Yes. BUT: The landlord HAS to offer a tenant an individualized and reasonable payment plan for the tenant to pay the rent owing from February 29, 2020 until October 15, 2020, before taking any action against the tenant.

Further, the landlord cannot charge or threaten to charge late fees or any other kind of fees for rent owed from February 29, 2020 until October 15, 2020.

Unless your landlord has offered you a reasonable, individualized payment plan, the landlord CANNOT: •

Evict you for unpaid rent from February 29, 2020 through October 15, 2020.

•

Attempt or threaten to collect unpaid debt themselves or using a collection agency.

•

Treat unpaid rent like any other kind of debt (like credit card debt or a car loan).

•

Report unpaid rent to credit reporting agencies.

•

Withhold unpaid rent from your security deposit.

REMEMBER – you may face eviction for rent owing for periods prior to February 29, 2020. This must be repaid and the landlord is not required to include it in a payment plan.

What Can I Do Now to Get Ready for the End of the Moratorium?

PAY RENT IF YOU CAN – The eviction moratorium does not mean you do not need to pay your rent.

If you are behind but can agree to a repayment plan, there will be less to make up later when you will have to pay the full amount of your rent plus the negotiated repayment amount.

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If you’re behind in rent, APPLY FOR RENTAL ASSISTANCE from Pierce County Human Services: https://www.piercecountywa.gov/housinghelp

•

Start thinking about what kind of repayment plan would be reasonable for you.

Read the rest of this guide for useful tips to keep in mind. You do not have to agree to a repayment plan now, but your landlord is permitted to contact you during the moratorium to start discussing a repayment plan.

• If you owe a great deal of rent you know you will not be able to repay, consider taking the time provided by the extension of the moratorium to move, in order to avoid an eviction on your record. Call 2-1-1 for resources to help prevent homelessness.

What is a Repayment Plan?

Unfortunately, the Governor’s proclamation does not provide specific guidance to tenants or landlords on what constitutes a reasonable repayment plan, or actions either party needs to take to arrive at a reasonable repayment plan.

Despite no specific guidance from the proclamation, several things are apparent from the proclamation: •

When negotiating a repayment plan, the landlord must take into account all of the tenant’s circumstances, including the tenant’s current financial status and the tenant’s other bills. The repayment plan would also have to account for the fact that ongoing rent after October 15, 2020 will need to be paid timely by the tenant.

•

The landlord must offer individualized repayment plans; form offers sent to multiple tenants could perhaps be used by landlords as a starting point to negotiating a repayment plan, but likely would not be enforceable if a tenant objects.

•

A landlord is entitled to engage in reasonable communication efforts to arrive at a repayment plan.

•

A tenant’s failure to communicate or work with a landlord attempting to arrive at a repayment plan would likely be considered unreasonable on the part of the tenant, thus allowing the rent owing to become enforceable.

What is a Repayment Plan? (continued) •

There is no limitation on how long a repayment plan can be—i.e., a landlord cannot blankly require repayment in months or 6 months or any other amount of time, without taking into account the tenant’s individual circumstances.

•

A landlord cannot retaliate against a tenant enforcing his or her rights under the moratorium. For example, a landlord cannot terminate a tenancy simply because a tenant is asking for a repayment plan or not accepting the landlord’s offered repayment plan.

•

To be enforceable, the repayment plan must be reasonable, based upon the individual financial, health, and other circumstances of that tenant.

If the landlord fails to offer a reasonable payment plan, then the tenant has a defense to any eviction or other action to collect based upon rents owing between February 29, 2020 and October 16, 2020.

The best way to develop a repayment plan is for tenants and landlords to work together with open and honest communication. The repayment plan should fit into the tenant’s budget so the tenant can afford the payments and realistically be expected to complete the plan.

How Do I Create a Repayment Plan with My Landlord?

Despite the moratorium temporarily stopping evictions, you still owe your landlord all the rent you did not pay from February 29, 2020 through October 15, 2020 because of COVID-19.

Start by thinking about how much back rent you owe and what sort of payments you can afford to pay while still covering your other bills, including new rent that will become due. While you are negotiating a repayment plan, continue paying what you can in order to lower the balance you will owe your landlord. The more you pay now, the less you will have to repay later.

Some negotiating tips for tenants to consider: •

Write out your monthly expenses and create a budget so you know how much extra you can pay each month towards back rent.

•

Be patient. The pandemic has been hard on everyone, financially and otherwise.

•

Be realistic about what you can actually afford to pay so you don’t face eviction for nonpayment of rent later.

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Remember that the financial impact of COVID-19 has hit everyone, landlords and renters alike.

•

Try to think of creative solutions.

Would your landlord agree to forgive a certain amount of what you owe if you agree to pay them back faster, or let you make payments in slowly increasing amounts ?

What if My Landlord and I Cannot Agree on a Repayment Plan?

Many tenants and landlords will arrive at reasonable repayment plans through good faith communication. However, disputes over what is reasonable will arise.

Professional third party dispute resolution is now available from the Pierce County Center for Dialog & Resolution at no charge to the tenant or landlord from August 1 through October 31, 2020.

Dispute resolution is a neutral third party who is neither on the tenant nor landlord’s side, who can mediate the dispute and arrive at a repayment plan that is reasonable.

HOW TO GET HELP

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EVICTION DEFENSE KNOW YOUR RIGHTS MEDIATION

Use the Tacomaprobono contact form at http://www.tacomaprobono.org call TACOMAPROBONO and leave a message (253) 572-5134, extension 102 email the Housing Justice Project HJP@tacomaprobono.org.