Engrossed Substitute House Bill 2535 — Relating to providing for a grace period (State of Washington)

Summary

Engrossed Substitute House Bill 2535 of the State of Washington, 66th Legislature, by House Civil Rights & Judiciary (originally sponsored by Representatives Kirby, Pollet, Ormsby, and Santos), read first time 02/04/20. It is an act relating to providing for a grace period before late fees may be imposed for past due rent, amending RCW 59.18.170 and 59.18.230. The amended text states that a landlord may not charge a late fee for rent that is paid within five days following its due date, and that if rent is more than five days past due the landlord may charge late fees from the first day after the due date until paid.

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Full text

                     ENGROSSED SUBSTITUTE HOUSE BILL 2535


     State of Washington         66th Legislature     2020 Regular Session

     By House Civil Rights & Judiciary (originally           sponsored    by
     Representatives Kirby, Pollet, Ormsby, and Santos)

     READ FIRST TIME 02/04/20.




1        AN ACT Relating to providing for a grace period before late fees
2    may be imposed for past due rent; and amending RCW 59.18.170 and
3    59.18.230.


4    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 5       Sec. 1.   RCW 59.18.170 and 1973 1st ex.s. c 207 s 17 are each
 6   amended to read as follows:
 7       (1) If at any time during the tenancy the tenant fails to carry
 8   out the duties required by RCW 59.18.130 or 59.18.140, the landlord
 9   may, in addition to pursuit of remedies otherwise provided by law,
10   give written notice to the tenant of said failure, which notice shall
11   specify the nature of the failure.
12       (2) The landlord may not charge a late fee for rent that is paid
13   within five days following its due date. If rent is more than five
14   days past due, the landlord may charge late fees commencing from the
15   first day after the due date until paid. Nothing in this subsection
16   prohibits a landlord from serving a notice to pay or vacate at any
17   time after the rent becomes due.


18       Sec. 2.   RCW 59.18.230 and 2011 c 132 s 11 are each amended to
19   read as follows:


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 1       (1) Any provision of a lease or other agreement, whether oral or
 2   written, whereby any section or subsection of this chapter is waived
 3   except as provided in RCW 59.18.360 and shall be deemed against
 4   public policy and shall be unenforceable. Such unenforceability shall
 5   not affect other provisions of the agreement which can be given
 6   effect without them.
 7       (2) No rental agreement may provide that the tenant:
 8       (a) Agrees to waive or to forgo rights or remedies under this
 9   chapter; or
10       (b) Authorizes any person to confess judgment on a claim arising
11   out of the rental agreement; or
12       (c) Agrees to pay the landlord's attorneys' fees, except as
13   authorized in this chapter; or
14       (d) Agrees to the exculpation or limitation of any liability of
15   the landlord arising under law or to indemnify the landlord for that
16   liability or the costs connected therewith; or
17       (e) And landlord have agreed to a particular arbitrator at the
18   time the rental agreement is entered into; or
19       (f) Agrees to pay late fees for rent that is paid within five
20   days following its due date. If rent is more than five days past due,
21   the landlord may charge late fees commencing from the first day after
22   the due date until paid. Nothing in this subsection prohibits a
23   landlord from serving a notice to pay or vacate at any time after the
24   rent becomes due.
25       (3) A provision prohibited by subsection (2) of this section
26   included in a rental agreement is unenforceable. If a landlord
27   deliberately uses a rental agreement containing provisions known by
28   him or her to be prohibited, the tenant may recover actual damages
29   sustained by him or her, statutory damages not to exceed five hundred
30   dollars, costs of suit, and reasonable attorneys' fees.
31       (4) The common law right of the landlord of distress for rent is
32   hereby abolished for property covered by this chapter. Any provision
33   in a rental agreement creating a lien upon the personal property of
34   the tenant or authorizing a distress for rent is null and void and of
35   no force and effect. Any landlord who takes or detains the personal
36   property of a tenant without the specific written consent of the
37   tenant to such incident of taking or detention, and who, after
38   written demand by the tenant for the return of his or her personal
39   property, refuses to return the same promptly shall be liable to the
40   tenant for the value of the property retained, actual damages, and if
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 1   the refusal is intentional, may also be liable for damages of up to
 2   five hundred dollars per day but not to exceed five thousand dollars,
 3   for each day or part of a day that the tenant is deprived of his or
 4   her property. The prevailing party may recover his or her costs of
 5   suit and a reasonable attorneys' fee.
 6       In any action, including actions pursuant to chapters 7.64 or
 7   12.28 RCW, brought by a tenant or other person to recover possession
 8   of his or her personal property taken or detained by a landlord in
 9   violation of this section, the court, upon motion and after notice to
10   the opposing parties, may waive or reduce any bond requirements where
11   it appears to be to the satisfaction of the court that the moving
12   party is proceeding in good faith and has, prima facie, a meritorious
13   claim for immediate delivery or redelivery of said property.

                                  --- END ---




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