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Wash. Court of Appeals published opinion — 392716_ord.pdf

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Wash. Court of Appeals published opinion — 392716_ord.pdf
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Washington (state)
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(emphasis added).

RCW 59.18.630 regulated the actions of landlords during the Governor’s eviction

moratorium. The eviction moratorium applied to rent that accrued between March 1,

2020, and six months following the expiration of the eviction moratorium. RCW

59.18.630(2). The eviction moratorium expired on June 30, 2021. RCW 59.18.630(1).

Accordingly, the eviction moratorium covers rent that accrued between March 1, 2020,

and December 30, 2021.

Under the provisions of RCW 59.18.630(2), if a tenant had unpaid rent, their

landlord was required to offer a reasonable schedule for repayment of the unpaid rent

prior to initiating an unlawful detainer action. Should a tenant accept a reasonable

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 39271-6-III
Heston v. Christensen

schedule for repayment of their unpaid rent, RCW 59.18.630(3)(c) required the landlord

to accept payment from any source of income as defined in RCW 59.18.255(5).

RCW 59.18.255(5) defines source of income benefits to include benefits or

subsidies from emergency rental assistance, such as the services offered by the CAC.

Mr. Christensen contends the T-RAP form imposed additional conditions on him that

would interfere with his existing contract with Ms. Heston. Specifically, Mr. Christensen

alleges the T-RAP form required him to attest that “[n]o late fees or additional charges

will be made for the months covered after I receive the T-RAP Payment.” CP at 104.

Such an attestation, according to Mr. Christensen, is a coercive modification to his

existing contract. We disagree.

The CAC offered rental payments on Ms. Heston’s behalf for months covered

under RCW 59.18.630. RCW 59.18.625(1) provides, “A landlord may not charge or