Recent Changes in Landlord/Tenant Law Affect Independent Living Residencies

Washington law treats independent living residencies differently from both assisted living and memory care.  Independent living residencies are considered “residential tenancies” under RCW 59.18, the Residential Landlord Tenant Act, and are legally treated just like any other regular landlord/tenant relationship.  Assisted living and memory care, however, are not considered “residential tenancies.” They are not regulated under RCW 59.18 but are instead governed by RCW 70.129.

In 2021, Washington changed residential landlord tenant law so that termination of any month-to-month tenancy now requires just cause.  Under RCW 59.18.650 there are 16 just cause categories that justify terminating a tenancy.  Non-payment of rent, violation of house rules, etc. all satisfy the just cause requirement.  As most independent living agreements are month-to-month, providers must comply with the just cause rules when terminating independent living residencies.

In addition to statewide changes, many local jurisdictions have also adopted additional tenant protections in the wake of the COVID-19 pandemic.  For example, Seattle has a requirement that limits the amount of both refundable and non-refundable move-in fees.  In the City of Tacoma, a landlord must give two notices before it increases rent, one between 210 and 180 days before the rent increase and another between 120 and 90 days before the rent increase.  The vast majority of these local tenant protections relate to “residential” tenancies only.  Thus, they will apply to independent living residents but not to assisted living or memory care residents.

Given the variety of overlapping laws, we suggest that you consult with your attorneys to ensure that you are in full compliance.

Abraham Lorber and the Lane Powell law firm provide a full range of legal services to senior housing providers.  Abe can be reached at 206-223-7434 or [email protected]