LANDLORD COMPLIANCE ALERT: Spokane County Enacts New Pre-Eviction Mediation Requirement for Residential Unlawful Detainers
/Contributors: Boyd M. Mayo and Whitny L. Norton
2020 has been a difficult year for everyone, especially landlords, who are particularly susceptible to negative cash flow consequences. Rent-related evictions are presently barred under Governor Inslee’s proclamation enacting a “moratorium” on unlawful detainers. Any non-emergency eviction (threat to property or safety) is prohibited unless a very narrowly drafted exception applies.
Now, under a pilot program adopted by six Washington State counties, Spokane County included, landlords are presently encouraged to participate in pre-eviction mediation with a third-party. However, once the Governor’s moratorium is lifted (presently set for expiration on December 31, 2020), landlords will be required to participate in mediation with a tenant before commencing formal eviction proceedings. This requirement is ostensibly a method to ease the hundreds of evictions that are presently looming.
What is Mediation?
Generally speaking, mediation is an informal dispute resolution mechanism by which the parties try to settle a case through a third-party neutral (typically a trained professional acting in a non-advocate capacity). The parties typically sit in separate rooms and the mediator tries to settle the case by going back and forth between the parties. It’s non-binding, though. This means that no decision can be “rendered.” Rather, both parties must agree to a resolution. If either party refuses to agree, then the case can proceed to court.
How Does Mediation Apply to Unlawful Detainers?
There are two firms in Spokane County who have received federal funding for the eviction mediation program and who will oversee the program, which is designed to prevent homelessness, needless accumulation of debt, and the spread of COVID-19. The program will cover all evictions, including those based on non-payment of rent or lease or statutory violations, as well as no-notice evictions (drug- or gang-related activity, assault with a deadly weapon that results in arrest, and the like).
First, under the Governor’s proclamation, and local court order, Landlords must try to negotiate a repayment plan with tenants before proceeding to any dispute resolution forum. The failure to offer a reasonable repayment plan renders unpaid debt accumulated during the pandemic non-collectible. Second, either party may request mediation, and the tenant will receive a lawyer if they are eligible. If the tenant requests mediation, the landlord must submit to mediation. The tenant, however, is free to reject going to mediation if the landlord requests it. Thereafter, the landlord is free to bring a case for eviction on the unlawful detainer docket.
Talk to PYK’s Experienced Real Estate Team
I can’t tell you the number of times that I have received a phone call from a landlord who attempts to evict a tenant but ultimately fails because of one simple misstep. Failing to follow legal procedures can be much more than a headache - it can lead to you, the Landlord, paying your tenant damages under the Residential Landlord-Tenant Act.
Piskel Yahne Kovarik, PLLC (“PYK”) is an experienced team of legal professionals offering, among other things, comprehensive legal representation to owners, property managers, and businesses. Available for general counsel, transactional, and litigation services, PYK's lawyers, including Mack Mayo, Whitny Norton, and Ryan Yahne, have successfully prosecuted hundreds of commercial and residential unlawful detainers in Eastern Washington and North Idaho. Focused on building strong client relationships, PYK has earned its reputation as aggressive litigators and creative problem-solvers. Contact our experienced real estate legal team today to see how we can assist you in protecting your investment.