CHAPTER 10 - DRUGS AND VIOLENCE
The Washington State Legislature recognizes that the use and distribution of drugs and the incidence of assaults in various housing contexts adversely impacts the quality of life not only of the perpetrators and victims but of neighbors and property owners as well. The legislature has enacted a number of laws to address the problems of drugs and violence in housing and has provided a number of useful tools to help landlords and housing providers to evict violent and drug-abusing tenants.
A. Notice from Law Enforcement
RCW 59.18.075(1) requires that a law enforcement agency which seizes a legend drug or controlled substance to make a reasonable attempt to discover the identity of the landlord and send the landlord a written notice stating the date and location of the drug seizure. This statute requires law enforcement to locate the last known address of the landlord by searching tax records if the law enforcement agency cannot otherwise locate the landlord.
RCW 59.18.075(2) requires law enforcement to similarly notify a landlord when one tenant has been arrested for threatening another tenant with a firearm or otherwise physically assaulting another person on the premises. The key is that the tenant must be arrested.
Although the statute says “shall,” many law enforcement agencies still are not aware of this law and resist providing information to anyone not involved in law enforcement because of reluctance and prohibitions to release information to the public. Some law enforcement agencies simply refuse to provide this mandatory notice. Short of legal action or political pressure there is not much a landlord can do except contact the appropriate Prosecuting Attorney’s office and ask that this law be followed. Usually when asked and when a copy of the statute is provided, law enforcement will follow the law and provide the notice. The ability to terminate the tenancy sometimes hinges on receiving this notice, so when law enforcement refuses to provide the notice the landlord may not have the ability to lawfully evict the tenant.
B. Violence Issues
The Washington State Legislature recognizes that persons who are victims of domestic violence, sexual assault and stalking have particular needs regarding their housing. As a result, the Legislature has enacted a number of statutes, somewhat piecemeal in my opinion, to address the issues.
i. Threatened Tenants May Terminate The Tenancy
According to RCW 59.18.352, if a tenant notifies the landlord that he or she, or another tenant who shares that particular dwelling unit has been threatened by another tenant, and the threat was made with a firearm or other deadly weapon, and the tenant who made the threat is arrested as a result of the threatening behavior, and the landlord fails to file an unlawful detainer action against the tenant who threatened another tenant within seven calendar days after receiving notice of the arrest from a law enforcement agency, the tenant who was threatened may terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement.
A tenant who terminates a rental agreement under RCW 59.18.352 is discharged from payment of rent for any period following the quitting date, and is entitled to a pro rata refund of any prepaid rent, and will receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with RCW 59.18.280.
Note that RCW 59.18.352 does not require a landlord to terminate a rental agreement or file an unlawful detainer action. This statute provides a victimized with a remedy for terminating a tenancy if the landlord does not take action.
ii. Threatening Landlords
RCW 59.18.354 allows a tenant to terminate a rental agreement, obtain refund of prepaid rents and obtain a refund of the damage and security deposit (in accordance with RCW 59.18.280. See Also Chapter 11) if the landlord threatens the tenant with a firearm or other deadly weapon and is arrested for the assault.
iii. Domestic Violence, Sexual Assault and Stalking
In 2004, the Legislature dramatically amended the landlord tenant laws by repealing some provisions and by enacting RCW 59.18.570, 580 and 585. The Washington State Legislature found that domestic violence, sexual assault, and stalking are widespread societal problems that have devastating effects for individual victims, their children, and their communities. The Legislature further found that victims of violence may be forced to remain in unsafe situations because they are bound by residential lease agreements. The inability of victims to terminate their rental agreements hinders or prevents victims from being able to safely flee domestic violence, sexual assault, or stalking. Victims of these crimes who do not have access to safe housing are more likely to remain in or return to abusive or dangerous situations. Also, the legislature found that victims of these crimes are further victimized when they are unable to obtain or retain rental housing due to their history as a victim of these crimes, but that being a victim of those crimes was not relevant to the decision whether to rent to that prospective tenant. The Legislature enacted these sections to increase safety for victims of domestic violence, sexual assault, and stalking by removing barriers to safety and offering protection against discrimination."
Under RCW 59.18.575, a tenant may notify his or her landlord in writing that he or she or a household member was a victim domestic violence, sexual assault, or stalking, and either a) the tenant or the household member has a valid order for protection, or b)the tenant or the household member has reported the domestic violence, sexual assault, or stalking to a qualified third party acting in his or her official capacity and the qualified third party has provided the tenant or the household member a written record of the report signed by the qualified third party.
Under RCW 59.18.570(4) a "qualified third party" means any of the following people acting in their official capacity, law enforcement officers, health professionals, Court employees, licensed mental health professionals or other licensed counselors, trained advocates in crime victim/witness programs or members of the clergy.
If the tenant relies on the written report to a qualified third party, it must include a number of technical provisions. The record of the report must consist of a document signed and dated by the qualified third party stating: (i) That the tenant or the household member notified him or her that he or she was a victim of an act or acts that constitute a crime of domestic violence, sexual assault, or stalking; (ii) the time and date the act or acts occurred; (iii) the location where the act or acts occurred; (iv) a brief description of the act or acts of domestic violence, sexual assault, or stalking; and (v) that the tenant or household member informed him or her of the name of the alleged perpetrator of the act or acts.
Note that the record of the report provided to the tenant or household member cannot include the name of the alleged perpetrator of the act or acts of domestic violence, sexual assault, or stalking. The qualified third party must keep a copy of the record of the report and must note on the retained copy the name of the alleged perpetrator of the act or acts of domestic violence, sexual assault, or stalking.
Once the copy of the order for protection or a written record of a report signed by a qualified third party is made available to the landlord, the tenant may terminate the rental agreement and quit the premises without further obligation. However, the request to terminate the rental agreement must occur within ninety days of the reported act, event, or circumstance that gave rise to the protective order or report to a qualified third party. The tenant is discharged from the payment of rent for any period following the last day of the month of the month in which he or she vacates, although the tenant is liable for the rent for the month in which he or she vacated. Furthermore, when tenants vacate on the victim protection provisions, lease provisions that allow for forfeiture of a deposit for early termination are not enforceable. Note further that tenants who are parties to the rental agreement, except household members who are the victims of sexual assault, stalking, or domestic violence, are not released from their obligations under the rental agreement or other obligations.
Finally, under RCW 59.18.575 a tenant does not waive any confidential or privileged nature of the communication between a victim of domestic violence, sexual assault, or stalking when they speak with a qualified third party. No record or evidence obtained from such disclosure may be used in any civil, administrative, or criminal proceeding against the victim unless a written waiver of applicable evidentiary privilege is obtained, except that the verification itself, and no other privileged information, under subsection (1)(b) of this section may be used in civil proceedings brought under this section.
In addition to the ability to terminate a tenancy, under the Victim Protection statutes, under RCW 59.18.580, landlords are prohibited from terminating a tenancy, failing to renew a tenancy, or refusing to enter into a rental agreement based on the tenant's or applicant's or a household member's status as a victim of domestic violence, sexual assault, or stalking, or based on the tenant or applicant having terminated a rental agreement under RCW 59.18.575. A landlord who refuses to enter into a rental agreement in violation of RCW 59.18.580 may be liable to the tenant or applicant in a civil action for damages sustained by the tenant or applicant. The prevailing party may also recover court costs and reasonable attorneys' fees. Note that under RCW 59.18.580(3) is a defense to an unlawful detainer action if the tenant can establish that he or she is a victim domestic sexual assault, stalking or domestic violence. Note further, however, that a landlord is not prohibited from evicting a tenant or not renting to a tenant if the decision is based upon lawful factors with the landlord’s knowledge.
If a tenant obtains a restraining order that excludes one or more cotenants, a landlord must honor the remaining tenants’ request for a replacement lock at the tenants’ expense. RCW 59.18.585(1). The landlord must not provide a copy of any new keys to the restrained tenant so long as the landlord is furnished a copy of the restraining order. Note that this section of the law does not release cotenants (other than the victims) from their obligations under the rental agreement.