Court of Appeals Opinion May Affect Stipulated Agreements

On Wednesday, June 12, Division II of the Washington Court of Appeals published an opinion that will affect stipulated landlord/tenant agreements in Division II, Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Kitsap, Lewis, Mason, Pacific, Pierce, Skamania, Thurston, and Wahkiakum Counties.

The stipulated agreement, in this case a “pay and stay” agreement required the tenant to comply with the terms agreed to by both parties or be subject to a “writ of restitution” or immediate eviction.  Due to a number of factors, the court found that this “agreement” was in violation of a change to the RLTA in 2021 which expressly prohibits agreements between landlords and tenants from waiving certain tenant rights otherwise established by RLTA.

For more information how this may affect your current or future stipulated agreements or unlawful detainer actions contact your legal counsel.