22.205.100 - Defense related to financial hardship in 2020 civil emergency
A.
Subject to the requirements of subsection 22.205.100.B, it is a defense to eviction
if the tenant fails to pay rent due during the civil emergency proclaimed by Mayor
Durkan on March 3, 2020, the tenant has suffered a financial hardship during the civil
emergency proclaimed by Mayor Durkan on March 3, 2020, and the reason for terminating
the tenancy is:
1.
The tenant fails to comply with a 14-day notice to pay rent or vacate pursuant to
RCW 59.12.030(3) for rent due during the civil emergency proclaimed by Mayor Durkan
on March 3, 2020; or
2.
The tenant habitually fails to pay rent resulting in four or more pay-or-vacate notices
in a 12-month period.
B.
The tenant may invoke the defense provided in subsection 22.205.100.A only if the
tenant demonstrates that the tenant has suffered a financial hardship and is therefore
unable to pay rent. The tenant's submission of a declaration or self-certification
that the tenant has suffered a financial hardship and was therefore unable to pay
rent during the civil emergency proclaimed by Mayor Durkan on March 3, 2020, creates
a presumption to that effect, which the landlord may rebut.
C.
If a landlord issues a notice to terminate a tenancy due to a reason listed in subsection
22.205.100.A.1 or subsection 22.205.100.A.2, and if the notice is based on a failure
to pay rent due during the civil emergency proclaimed by Mayor Durkan on March 3,
2020, the notice must contain the following statement: "If you cannot pay rent due
during the civil emergency proclaimed by Mayor Durkan on March 3, 2020, your inability
to pay is a defense to eviction that you may raise in court." It is a defense to eviction
if the notice does not contain that statement.