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Just Causes for Non-Renewal or Eviction

In Washington State, landlords can generally issue a 60-day notice to end a tenancy at the conclusion of a lease provided that the lease has never gone into month-to-month. However, certain cities have more specific regulations and require a "just cause" to terminate a tenancy, even at lease end. These just causes include reasons such as the owner deciding to sell the property or planning to occupy the unit themselves. In these cities, landlords must provide a valid reason that falls under the just cause guidelines to legally terminate the lease.

Some of the cities in Washington that require just cause to end a tenancy include:

  • City of Seattle
  • City of Burien
  • City of Federal Way
  • City of Auburn
  • Unincorporated King County

For each of these cities, landlords must be aware of the specific criteria and timelines for giving notice, as well as any additional tenant protections in place. Violating these local laws can result in penalties or the invalidation of the notice to vacate.

Since more and more cities are leaning towards adopting what City of Seattle has on just cause, GPS Renting default policy is to go with Seattle’s more strict policy in issuing non-renewal notice. In this case, we will give a just cause reason in issuing lease termination notice. If there is exception, the owners and the Pod Leader need to decide together.

City of Seattle

SMC 2.205.010 - Reasons for termination of tenancy

Pursuant to provisions of the Washington State Residential Landlord-Tenant Act (RCW 59.18.290), an owner may not evict a residential tenant without a court order, which can be issued by a court only after the tenant has an opportunity in a show cause hearing to contest the eviction (RCW 59.18.380). An owner of a housing unit shall not evict or attempt to evict any tenant, or otherwise terminate or attempt to terminate the tenancy of any tenant, unless the owner can prove in court that just cause exists. Regardless of whether just cause for eviction may exist, an owner may not evict a residential tenant from a rental housing unit if: the unit is not registered with the Seattle Department of Construction and Inspections if required by Section 22.214.040; the landlord has failed to comply with subsection 7.24.030.J as required and the reason for terminating the tenancy is that the tenancy ended at the expiration of a specified term or period; or if Sections 22.205.080, 22.205.090, or 22.205.110 provide the tenant a defense to the eviction.

An owner is in compliance with the registration requirement if the rental housing unit is registered with the Seattle Department of Construction and Inspections before issuing a notice to terminate tenancy. The reasons for termination of tenancy listed below, and no others, shall constitute just cause under this Chapter 22.205:

A. The tenant fails to comply with a 14 day notice to pay rent or vacate pursuant to RCW 59.12.030(3); a ten day notice to comply or vacate pursuant to RCW 59.12.030(4); or a three day notice to vacate for waste, nuisance (including a drug-related activity nuisance pursuant to chapter 7.43 RCW), or maintenance of an unlawful business or conduct pursuant to RCW 59.12.030(5)

B. The tenant habitually fails to pay rent when due which causes the owner to notify the tenant in writing of late rent four or more times in a 12 month period;

C. The tenant fails to comply with a ten day notice to comply or vacate that requires compliance with a material term of the rental agreement or that requires compliance with a material obligation under chapter 59.18 RCW;

D. The tenant habitually fails to comply with the material terms of the rental agreement which causes the owner to serve a ten day notice to comply or vacate three or more times in a 12 month period;

E. The owner seeks possession so that the owner or a member of the owner's immediate family may occupy the unit as that person's principal residence and no substantially equivalent unit is vacant and available in the same building, and the owner has given the tenant at least 90 days' advance written notice of the date the tenant's possession is to end. The Director may reduce the time required to give notice to no less than 20 days if the Director determines that delaying occupancy will result in a personal hardship to the owner or to the owner's immediate family. Personal hardship may include but is not limited to hardship caused by illness or accident, unemployment, or job relocation. For the purposes of this Chapter 22.205, "Immediate family" includes the owner's domestic partner registered pursuant to Section 1 of Ordinance 117244 or the owner's spouse, parents, grandparents, children, brothers and sisters of the owner, of the owner's spouse, or of the owner's domestic partner. There is a rebuttable presumption of a violation of this subsection 22.205.010.E if the owner or a member of the owner's immediate family fails to occupy the unit as that person's principal residence for at least 60 consecutive days during the 90 days immediately after the tenant vacated the unit pursuant to a notice of termination or eviction using this subparagraph as the cause for eviction;

F. The owner elects to sell a single-family dwelling unit and gives the tenant at least 90 days' written notice prior to the date set for vacating, which date shall coincide with the end of the term of a rental agreement, or if the agreement is month to month, with the last day of a monthly period. The Director may reduce the time required to give notice to no less than 60 days if the Director determines that providing 90 days' notice will result in a personal hardship to the owner. Personal hardship may include but is not limited to hardship caused by illness or accident, unemployment, or job relocation. For the purposes of this Chapter 22.205, an owner "elects to sell" when the owner makes reasonable attempts to sell the dwelling within 30 days after the tenant has vacated, including, at a minimum, listing it for sale at a reasonable price with a realty agency or advertising it for sale at a reasonable price in a newspaper of general circulation. There shall be a rebuttable presumption that the owner did not intend to sell the unit if:

  1. Within 30 days after the tenant has vacated, the owner does not list the single-family dwelling unit for sale at a reasonable price with a realty agency or advertise it for sale at a reasonable price in a newspaper of general circulation, or
  2. Within 90 days after the date the tenant vacated or the date the property was listed for sale, whichever is later, the owner withdraws the rental unit from the market, rents the unit to someone other than the former tenant, or otherwise indicates that the owner does not intend to sell the unit;

G. The tenant's occupancy is conditioned upon employment on the property and the employment relationship is terminated;

H. The owner seeks to do substantial rehabilitation in the building; provided that, the owner must obtain a tenant relocation license if required by Chapter 22.210 and at least one permit necessary for the rehabilitation, other than a Master Use Permit, before terminating the tenancy;

I. The owner;

      1. elects to demolish the building, convert it to a cooperative, or convert it to a nonresidential use; provided that, the owner must obtain a tenant relocation license if required by Chapter 22.210 and a permit necessary to demolish or change the use before terminating any tenancy, or
      2. converts the building to a condominium provided the owner complies with the provisions of Sections 22.903.030 and 22.903.035;

J. The owner seeks to discontinue use of a housing unit unauthorized by Title 23 after receipt of a notice of violation. The owner is required to pay relocation assistance to the tenant(s) of each such unit at least two weeks prior to the date set for termination of the tenancy, at the rate of:

  1. $2,000 for a tenant household with an income during the past 12 months at or below 50 percent of the County median income, or
  2. Two months' rent for a tenant household with an income during the past 12 months above 50 percent of the County median income;

K. The owner seeks to reduce the number of individuals residing in a dwelling unit to comply with the maximum limit of individuals allowed to occupy one dwelling unit, as required by Title 23, and:

    1. The number of such individuals was more than is lawful under the current version of Title 23 but was lawful under Title 23 or Title 24 on August 10, 1994;
    2. That number has not increased with the knowledge or consent of the owner at any time after August 10, 1994; and
    3. The owner is either unwilling or unable to obtain a permit to allow the unit with that number of residents.
  1. The owner has served the tenants with a 30 day notice, informing the tenants that the number of tenants exceeds the legal limit and must be reduced to the legal limit,
  2. After expiration of the 30 day notice, the owner has served the tenants with and the tenants have failed to comply with a ten day notice to comply with the limit on the number of occupants or vacate, and
  3. If there is more than one rental agreement for the unit, the owner may choose which agreements to terminate; provided that, the owner may either terminate no more than the minimum number of rental agreements necessary to comply with the legal limit on the number of occupants, or, at the owner's option, terminate only those agreements involving the minimum number of occupants necessary to comply with the legal limit

L.1. The owner seeks to reduce the number of individuals who reside in one dwelling unit to comply with the legal limit after receipt of a notice of violation of the Title 23 restriction on the number of individuals allowed to reside in a dwelling unit, and:

    1. The owner has served the tenants with a 30 day notice, informing the tenants that the number of tenants exceeds the legal limit and must be reduced to the legal limit; provided that no 30 day notice is required if the number of tenants was increased above the legal limit without the knowledge or consent of the owner;
    2. After expiration of the 30 day notice required by subsection 22.205.010.L.1.a, or at any time after receipt of the notice of violation if no 30 day notice is required pursuant to subsection 22.205.010.L.1.a, the owner has served the tenants with and the tenants have failed to comply with a ten day notice to comply with the maximum legal limit on the number of occupants or vacate; and
    3. If there is more than one rental agreement for the unit, the owner may choose which agreements to terminate; provided that the owner may either terminate no more than the minimum number of rental agreements necessary to comply with the legal limit on the number of occupants, or, at the option of the owner, terminate only those agreements involving the minimum number of occupants necessary to comply with the legal limit.2.For any violation of the maximum legal limit on the number of individuals allowed to reside in a unit that occurred with the knowledge or consent of the owner, the owner is required to pay relocation assistance to the tenant(s) of each such unit at least two weeks prior to the date set for termination of the tenancy, at the rate of:
          1. $2,000 for a tenant household with an income during the past 12 months at or below 50 percent of the county median income, or
          2. Two months' rent for a tenant household with an income during the past 12 months above 50 percent of the county median income;

M. The owner seeks to discontinue use of an accessory dwelling unit for which a permit has been obtained pursuant to Sections 23.44.041 and 23.45.545 after receipt of a notice of violation of the development standards provided in those sections. The owner is required to pay relocation assistance to the tenant household residing in such a unit at least two weeks prior to the date set for termination of the tenancy, at the rate of:

  1. $2,000 for a tenant household with an income during the past 12 months at or below 50 percent of the county median income, or
  2. Two months' rent for a tenant household with an income during the past 12 months above 50 percent of the county median income;

N. An emergency order requiring that the housing unit be vacated and closed has been issued pursuant to Section 22.206.260 and the emergency conditions identified in the order have not been corrected;

O. The owner seeks to discontinue sharing with a tenant of the owner's own housing unit, i.e., the unit in which the owner resides, seeks to terminate the tenancy of a tenant of an accessory dwelling unit authorized pursuant to Sections 23.44.041 and 23.45.545 that is accessory to the housing unit in which the owner resides, or seeks to terminate the tenancy of a tenant in a single-family dwelling unit and the owner resides in an accessory dwelling unit on the same lot. This subsection 22.205.010.O does not apply if the owner has received a notice of violation of the development standards of Section 23.44.041. If the owner has received such a notice of violation, subsection 22.205.010.M applies

P. A tenant, or with the consent of the tenant, the tenant's subtenant, sublessee, resident, or guest, has engaged in criminal activity on the premises, or on the property or public right-of-way abutting the premises, and the owner has specified in the notice of termination the crime alleged to have been committed and the general facts supporting the allegation, and has assured that the Seattle Department of Construction and Inspections has recorded receipt of a copy of the notice of termination. For purposes of this subsection 22.205.010.P, a person has "engaged in criminal activity" if the person:

  1. Engages in drug-related activity that would constitute a violation of chapters 69.41, 69.50, or 69.52 RCW, or
  2. Engages in activity that is a crime under the laws of this state, but only if the activity substantially affects the health or safety of other tenants or the owner.

City of Burien

In Burien, landlords must have at least one of the following “just cause reasons” to evict a tenant. Landlords may not evict residential tenants from rental housing units if the units are not licensed with the City of Burien or if the required rental housing inspection is not completed by the deadline.

  1. The tenant fails to comply with a notice to pay or vacate.
  2. The tenant habitually fails to pay rent on time.
  3. The tenant breaches a material rental requirement after receiving a 10-day notice to comply.
  4. The tenant habitually fails to comply with the material terms of the rental agreement.
  5. The owner wants a member of his/her immediate family to occupy the unit as their principal residence under circumstances identified in the ordinance.
  6. The owner wants to sell the dwelling unit and has given the tenant at least 90 days’ written notice.
  7. The tenant only lived there due to employment and the employment relationship is terminated.
  8. The owner plans substantial rehabilitation in the building after giving the tenant 120 days’ notice.
  9. The owner elects to demolish the building to convert it after giving the tenant 120 days’ notice.
  10. The owner seeks to discontinue the use of a housing unit unauthorized by BMC Title 19.
  11. The owner seeks to reduce the number of individuals living in the unit under BMC Title 15.
  12. An emergency order requiring the unit to be vacated and closed.
  13. The owner seeks to discontinue sharing with a tenant of the owner’s housing unit.
  14. The tenant is engaging in or permitting criminal activity to occur on or near the property.

City of Federal Way

shall be a defense against eviction that the landlord lacks good cause to evict the tenant. Only the following justifications constitute good cause under this chapter:

(a) The tenant fails to pay rent, and meets all requirements for an unlawful detainer under state law, after receiving all notices required under state law and having failed to cure within the time required by state law. However, this subsection (5)(a) shall not constitute grounds for eviction where the tenant has withheld rent due to conditions that deprive the tenant or occupants of normal use of the dwelling unit.

(b) The tenant substantially and materially breaches a non-monetary requirement of the rental agreement, and meets all requirements for an unlawful detainer under state law, after receiving all notices required under state law and having failed to take reasonable steps to cure the breach within the time required by state law.

(c) The tenant has committed or permitted waste upon the premises, unlawful activity, or an ongoing, substantial interference with the use and enjoyment of the premises by the landlord or neighbors of the tenant, and meets all requirements for an unlawful detainer under state law, after receiving all notices required under state law.

(d) A person enters upon land of another without the permission of the owner and without having color of title thereto and refuses to vacate, and meets all requirements for an unlawful detainer under state law, after receiving all notices required under state law. This provision shall not apply to an immediate family member of a tenant of record absent a violation of legal occupancy limits.

(e) The landlord, in good faith, without ulterior reasons and with honest intent, seeks to remove the dwelling unit from the rental market for one of the following reasons, after providing the tenant with 120-day advanced written notice of the eviction:

      1. the landlord or his or her immediate family seeks to occupy the dwelling unit as their principal residence;
      2. the landlord seeks to convert the dwelling unit to a condominium pursuant to RCW 64.34.440;
      3. the landlord seeks to demolish or substantially rehabilitate the dwelling unit;
      4. a governmental entity has prohibited the continued rental of the dwelling unit to the tenant; or
      5. the landlord intends to remove the dwelling unit from the rental market for at least a 24-month period. There is a rebuttable presumption that the landlord did not act in good faith, if, after the landlord terminates the tenancy under subsection (5)(e)(i) of this section, the landlord or their immediate family fails to occupy the unit as a principal residence for at least 90 consecutive days during the 120 days immediately after the tenant vacated. Moreover, if the landlord owns a similar vacant unit, and chooses instead to take possession of the dwelling unit occupied by a tenant, there shall be a rebuttable presumption that the landlord is acting in bad faith. A landlord may not recover possession pursuant to subsection (5)(e)(i) of this section more than once in any 36-month period. No notice is required to take possession when the tenant is a former owner of the dwelling unit and the landlord is the new owner of the dwelling unit.

(f) The tenant continues in possession after the expiration of a rental agreement after having declined to enter a new or extended rental agreement offered pursuant to FWRC 20.05.050.

(g) The tenant continues in possession after having received a 30-day notice to quit due to chronic, unexcused, and unjustified failure to pay rent, with such pattern documented in the filing of numerous unlawful detainer actions over a 12-month period.

(h) The dwelling unit was provided to the tenant as part of a transitional housing program or other program which receives public funding and operates on a model that provides temporary housing.

(i) The landlord resides in the dwelling unit and no longer wishes to cohabitate with the tenant.

(j) The landlord establishes other good cause under FWRC 20.05.060.

City of Auburn

A. Pursuant to provisions of the Washington State Residential Landlord-Tenant Act (RCW 59.18.290), owners may not evict residential tenants without a court order, which can be issued by a court only after the tenant has an opportunity in a show cause hearing to contest the eviction (RCW 59.18.380). Owners of housing units shall not evict or attempt to evict any tenant, refuse to renew or continue a tenancy after expiration of the rental agreement, or otherwise terminate or attempt to terminate the tenancy of any tenant unless the owner can prove in court that just cause exists. Owners may not evict residential tenants from rental housing units if the units are not licensed with the city of Auburn as required by Chapter 5.22 ACC, regardless of whether just cause for eviction may exist. An owner is in compliance with licensing requirement if the rental housing unit is licensed with the city of Auburn pursuant to Chapter 5.22 ACC before entry of a court order authorizing eviction or before a writ of restitution is granted. A court may grant a continuance in an eviction action in order to give the owner time to license the rental housing unit. The reasons for termination of tenancy listed below, and no others, shall constitute just cause under this section:

  1. The tenant fails to comply with a 14-day notice to pay rent or vacate pursuant to RCW 59.12.030(3); a 10-day notice to comply or vacate pursuant to RCW 59.12.030(4); or a three-day notice to vacate for waste, nuisance (including a drug-related activity nuisance pursuant to Chapter 7.43 RCW), or maintenance of an unlawful business or conduct pursuant to RCW 59.12.030(5);
  2. The tenant habitually fails to pay rent when due which causes the owner to notify the tenant in writing of late rent four or more times in a 12-month period;
  3. The tenant fails to comply with a 10-day notice to comply or vacate that requires compliance with a material term of the rental agreement or that requires compliance with a material obligation under RCW 59.18.130;
  4. The tenant habitually fails to comply with the material terms of the rental agreement which causes the owner to serve a 10-day notice to comply or vacate three or more times in a 12-month period;
  5. The owner seeks possession so that the owner or a member of his or her immediate family may occupy the unit as that person’s principal residence and no substantially equivalent unit is vacant and available in the same building, and the owner has given the tenant at least 90 days’ advance written notice of the date the tenant’s possession is to end. The director of community development may reduce the time required to give notice to no less than 60 days if the director of community development determines that delaying occupancy will result in a personal hardship to the owner or to the owner’s immediate family. Personal hardship may include but is not limited to hardship caused by illness or accident, unemployment, or job relocation. There is a rebuttable presumption of a violation of this subsection if the owner or a member of the owner’s immediate family fails to occupy the unit as that person’s principal residence for at least 60 consecutive days during the 90 days immediately after the tenant vacated the unit pursuant to a notice of termination or eviction using this subsection as the cause for eviction;
  6. The owner elects to sell a dwelling unit subject to the provisions of this chapter and gives the tenant at least 90 days’ written notice prior to the date set for vacating, which date shall coincide with the end of the term of a rental agreement, or if the agreement is month to month, with the last day of a monthly period. The director of community development may reduce the time required to give notice to no less than 60 days if the director of community development determines that providing 90 days’ notice will result in a personal hardship to the owner. Personal hardship may include but is not limited to hardship caused by illness or accident, unemployment, or job relocation. For the purposes of this subsection, an owner “elects to sell” when the owner makes reasonable attempts to sell the dwelling within 30 days after the tenant has vacated, including, at a minimum, listing it for sale at a reasonable price with a realty agency or advertising it for sale at a reasonable price in a newspaper of general circulation. There shall be a rebuttable presumption that the owner did not intend to sell the unit if:
    1. Within 30 days after the tenant has vacated, the owner does not list the single-family dwelling unit for sale at a reasonable price with a realty agency or advertise it for sale at a reasonable price in a newspaper of general circulation, or
    2. Within 90 days after the date the tenant vacated or the date the property was listed for sale, whichever is later, the owner withdraws the rental unit from the market, rents the unit to someone other than the former tenant, or otherwise indicates that the owner does not intend to sell the unit;
  7. The tenant’s occupancy is conditioned upon employment on the property and the employment relationship is terminated;
  8. The owner seeks to do substantial rehabilitation in the building and gives the tenant at least 120 days’ written notice prior to the date set for vacating. To utilize this basis as the rationale for termination, the owner must obtain at least one permit necessary for the rehabilitation before terminating the tenancy;
  9. The owner elects to demolish the building, convert it to a cooperative, or convert it to a nonresidential use and gives the tenant at least 120 days’ written notice prior to the date set for vacating. To utilize this basis as the rationale for termination, the owner must obtain a permit necessary to demolish or change the use before terminating any tenancy or converting the building to a condominium;
  10. The owner seeks to discontinue use of a housing unit unauthorized by ACC Title 18 after receipt of a notice of violation;
  11. The owner seeks to reduce the number of individuals residing in a dwelling unit to comply with the maximum limit of individuals allowed to occupy one dwelling unit as required by ACC Titles 15 and 18, and:
      1. The number of such individuals was more than is lawful under the current version of ACC Title 15 or 18, and
      2. That number has not increased with the knowledge or consent of the owner, and
      3. The owner is either unwilling or unable to obtain a permit to allow the unit with that number of residents; and
    1. The owner has served the tenants with a 30-day notice, informing the tenants that the number of tenants exceeds the legal limit and must be reduced to the legal limit; and
    2. After expiration of the 30-day notice, the owner has served the tenants with and the tenants have failed to comply with a 10-day notice to comply with the limit on the number of occupants or vacate; and
    3. If there is more than one rental agreement for the unit, the owner may choose which agreements to terminate; provided, that the owner may either terminate no more than the minimum number of rental agreements necessary to comply with the legal limit on the number of occupants, or, at the owner’s option, terminate only those agreements involving the minimum number of occupants necessary to comply with the legal limit;
  12. An emergency order requiring that the housing unit be vacated and closed has been issued pursuant to ACC Title 15 and the emergency conditions identified in the order have not been corrected;
  13. The owner seeks to discontinue sharing with a tenant of the owner’s own housing unit, i.e., the unit in which the owner resides, seeks to terminate the tenancy of a tenant of an accessory dwelling unit that is accessory to the housing unit in which the owner resides, or seeks to terminate the tenancy of a tenant in a single-family dwelling unit and the owner resides in an accessory dwelling unit on the same lot. This subsection does not apply if the owner has received a notice of violation of the development standards of ACC Title 19;
  14. A tenant, or with the consent of the tenant, the tenant’s subtenant, sublessee, resident, or guest, has engaged in criminal activity on the premises, or on the property or public right-of-way abutting the premises, and the owner has specified in the notice of termination the crime alleged to have been committed and the general facts supporting the allegation, and has assured that the department has recorded receipt of a copy of the notice of termination. For purposes of this subsection a person has “engaged in criminal activity” if he or she:
    1. Engages in drug-related activity that would constitute a violation of Chapter 69.41, 69.50, or 69.52 RCW; or
    2. Engages in activity that is a crime under the laws of this state, but only if the activity substantially affects the health or safety of other tenants or the owner.

Unincorporated King County

KCC 12.25.030 Just causes for landlord's eviction, refusing to continue tenancy or termination of tenancy - waiver of rights void - serving of termination notice - notice for eviction, refusing to continue tenancy or termination of tenancy - carrying out reason or condition necessary for landlord to remove or cause to remove tenant - landlord's rights to unlawful detainer action pursuit by landlord not affected or limited.

A. In addition to the just causes allowed under state law, a landlord shall not evict a tenant, refuse to continue a tenancy or terminate a tenancy except for the just causes enumerated and otherwise provided under this section:

  1. The tenant continues in possession after the tenant fails to comply with:
    1. a notice to pay rent or vacate in accordance with RCW 59.12.030(3);
    2. a notice to comply or vacate in accordance with RCW 59.12.030(4); or
    3. a notice to vacate for waste, nuisance, including a drug-related activity nuisance in accordance with chapter 7.43 RCW, or maintenance of an unlawful business or conduct in accordance with RCW 59.12.030(5);
  2. The tenant fails to comply with a ten-day notice to comply or vacate requiring compliance with a material term of the rental agreement or that requires compliance with a material obligation under chapter 59.18 RCW;
  3. The tenant continues in possession after the landlord seeks possession so that the owner or a member of the owner's immediate family may occupy the unit as that person's principal residence and no substantially equivalent unit is vacant and available in the same building, and the landlord has given the tenant at least ninety days' advance written notice of the date the tenant's possession is to end. For the purposes of this subsection A.3., "immediate family" includes the owner's domestic partner registered under chapter 26.60 RCW or the owner's spouse, parents, grandparents, children, brothers and sisters of the owner, of the owner's spouse or of the owner's domestic partner. There is a rebuttable presumption of a violation of this subsection A.3. if the owner or a member of the owner's immediate family fails to occupy the unit as that person's principal residence for at least sixty consecutive days during the ninety days immediately after the tenant vacated the unit in accordance with a notice of termination or eviction using this subsection A.3. as the cause for eviction;
  4. The tenant continues in possession after the owner elects to sell a single-family dwelling unit and gives the tenant at least ninety days' written notice before the date set for vacating, which date shall coincide with the end of the term of a rental agreement, or if the agreement is month-to-month, with the last day of a monthly period. For the purposes of this subsection A.4., an owner "elects to sell" when the owner, at a minimum, lists the dwelling for sale at fair market value, such as with a realty agency or advertising in a newspaper of general circulation. There shall be a rebuttable presumption that the owner did not intend to sell the unit if:
    1. within thirty days after the tenant has vacated, the owner does not list the single-family dwelling for sale at fair market value, or
    2. within ninety days after the date the tenant vacated or the date the property was listed for sale, whichever is later, the owner withdraws the rental unit from the sales market, rents the unit to someone other than the former tenant or otherwise indicates that the owner does not intend to sell the unit;
  5. The tenant continues in possession after the landlord seeks to do substantial rehabilitation in the building, but only if the owner or designee submitted a complete application for at least one permit required under K.C.C. Title 16 for the rehabilitation. The landlord shall serve the tenant with advance written notice in accordance with RCW 59.18.200(2)(c). Substantial rehabilitation has the same meaning as "substantially rehabilitate" in RCW 59.18.200(2)(c);
  6. The tenant continues in possession after the landlord:
    1. elects to demolish the building, convert it to a cooperative or convert it to a nonresidential use, though the owner or designee must obtain a permit necessary to demolish before terminating any tenancy. The landlord shall serve the tenant with advance written notice in accordance with RCW 59.18.200(2)(c); or
    2. elects to withdraw the premises to pursue a conversion in accordance with RCW 64.34.440 or RCW 64.90.655. The landlord shall serve the tenant with advance written notice in accordance with RCW 64.34.440 and RCW 64.90.655;
    1. The tenant continues in possession after the landlord seeks to reduce the number of occupants who reside in one dwelling unit to comply with the legal limit, and:
        1. the landlord has served the tenants with a thirty-day written notice, informing the tenants that the number of occupants exceeds the legal limit and must be reduced to the legal limit; however, a thirty-day notice is not required if the number of occupants was increased above the legal limit without the knowledge or consent of the landlord;
        2. after expiration of the thirty-day notice required by subsection A.7.a.(1) of this section, or any time after receipt of the notice and order if a thirty-day notice is not required in accordance with subsection A.7.a.(1) of this section, the landlord has served the tenants and the tenants have failed to comply with a ten-day notice to comply with the maximum legal limit on the number of occupants or vacate; and
        3. if there is more than one rental agreement for the unit, the landlord may choose which agreements to terminate; however, the landlord may terminate no more than the minimum number of rental agreements necessary to comply with the legal limit on the number of occupants.
    2. For any violation of the maximum legal limit on the number of individuals allowed to reside in a dwelling unit that occurred with the knowledge or consent of the landlord, upon creation of a relocation assistance program, the landlord is required to pay relocation assistance to the tenant or tenants of each such a unit as the program dictates;
  7. The tenant continues in possession after the landlord seeks to discontinue residential use of an accessory dwelling unit;
  8. The tenant continues in possession after a landlord or owner receives a notice and order issued under K.C.C. Title 16 or 23 and violations identified in the notice and order have not been corrected, but only if the notice and order restricts the tenant's ability to reside in the dwelling unit. The landlord shall be required to make a showing of medical or financial hardship to the tenant that the landlord could not correct the violations identified in the notice order. However, the tenant may elect to repair and stay in the dwelling unit as set forth in RCW 59.18.100;
    1. The tenant continues in possession after the owner intends to discontinue leasing to a tenant of the owner's own dwelling unit in which the owner resides;
    2. The owner intends to evict a tenant, to refuse to continue a tenancy, or to terminate the tenancy of an accessory dwelling unit accessory to the dwelling unit in which the owner resides; or
    3. The owner seeks to evict a tenant, refuse to continue a tenancy, or terminate the tenancy in a single-family dwelling unit and the owner resides in an accessory dwelling unit on the same lot;
    1. The tenant continues in possession after the tenant, or with the consent of the tenant, the tenant's subtenant, sublessee, resident or guest, has engaged in criminal activity on the premises, or on the property or public right-of-way abutting the premises. For purposes of this subsection A.11., a person has "engaged in criminal activity" if the person:
        1. engages in a drug-related activity that would constitute a violation of chapters 69.41, 69.50 or 69.52 RCW;
        2. engages in activity that is a crime under the laws of this state, but only if the activity substantially affects the health or safety of any person. An activity substantially affects the health or safety of other tenants or the landlord if:
          1. the activity is imminently hazardous to the physical safety of any person;
          2. the activity entails physical assaults upon another person that result in an arrest; or
          3. the activity entails the unlawful use of a firearm or other deadly weapon, as defined in RCW 9A.04.110, that results in an arrest, including threatening another tenant or the landlord with a firearm or other deadly weapon under RCW 59.18.352; or
        3. The activity 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.
    2. In determining whether a tenant's activity substantially effects the health or safety of other tenants or the landlord, a court may 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, damage 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.
    3. Nothing in this subsection A.11. shall authorize the termination of tenancy or eviction of the victim of a physical assault or the victim of the use or threatened use of a firearm or other deadly weapon; or
  9. The tenant continues in possession after the tenant, or with the consent of the tenant, the tenant's subtenant, sublessee, resident or guest:
      1. Knowingly allows to reside in the dwelling unit, without receiving written consent from a landlord before moving into the dwelling unit, an animal that has been declared vicious by the manager of the regional animal services section in accordance with K.C.C. Title 11; or
      2. Knowingly continues to maintain in the dwelling unit an animal that is declared vicious by the manager of the regional animal services section in accordance with K.C.C. Title 11 during the terms of the rental agreement.

B. Any rental agreement provision that waives or purports to waive any right created by this chapter shall be deemed void and of no lawful force or effect. No rental agreement may provide that the tenant agrees to waive or to forgo rights or remedies under Ordinance 19311. A provision prohibited in Ordinance 19311 included in a rental agreement is unenforceable. If a landlord knowingly uses a rental agreement containing provisions known by the landlord to be prohibited, the tenant may recover actual damages sustained by the tenant, and exemplary damages not to exceed two times the monthly rent charged for the unit, and reasonable litigation costs and attorneys' fees.

C. Whenever a termination notice is required by law, a landlord refusing to continue a tenancy or seeking to terminate a tenancy protected by this chapter shall serve the notice in a manner consistent with RCW 59.12.040 and identify the facts and circumstances known and available to the landlord at the time of the issuance of the notice that support the cause or causes with enough specificity so as to enable the tenant to respond and prepare a defense to any incidents alleged. The landlord may present additional facts and circumstances regarding the noticed allegations if such evidence was unknown or unavailable at the time of the issuance of the notice.

D. Landlords shall provide at least thirty days' written notice when evicting a tenant, refusing to continue a tenancy or terminating a tenancy for a just cause enumerated in subsection A. of this section, unless a longer noticing period is required by state law or the rental agreement.

E. It shall be a violation of this chapter for any landlord to remove or cause to remove a tenant from a dwelling unit using a notice that references subsection A.3., 4., 5. or 6. of this section as grounds for eviction or termination of tenancy without fulfilling or carrying out the stated reason for or condition justifying the termination of such a tenancy within sixty days after the tenant has vacated, unless another time frame is specified in subsection A.3., 4., 5. or 6. of this section.

F. Nothing in this chapter is intended to affect or limit a landlord's rights to pursue an action for unlawful detainer as defined by RCW 59.12.030, except as specifically set forth in this chapter. (Ord. 19311 § 5, 2021).

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