Not renewing lease during COVID considered eviction?

Question

My tenant’s annual lease expired last month, now it’s just month to month. I’d like to find new tenants and simply not renew the annual lease. Does this qualify as an Eviction? There’s a COVID Eviction ban in WA State. Thanks.

Jeff Copeland · Answer

An eviction is a lawsuit you would file in court asking the judge to grant you possession of the unit.

Termination of a month-to-month lease is normally just a matter of giving written notice as required by your State. It does not require a lawsuit or a judgement in court. The two are not related.

If a tenant stays beyond the termination of their lease and fails to vacate, then you would normally have grounds to initiate an eviction action.

Obviously, all of this is complicated by COVID and state eviction moratoriums. If you are non-renewing only because of non-payment, and your State has a moratorium on evictions for non-payment, then you might have a harder time getting the eviction judgement if they do not vacate.

There's a lot of variables and uncertainty associated with all of the above right now in many markets.

John Liberati · Answer

Telling a tenant that you do not wish to renew a lease, is not an eviction. But if the tenant doesn't want to leave, you would need to file for eviction. If your state has a moratorium to temporarily stop evictions, you will not be able to evict them from the property if they don't leave. But if they decide to stay you will need to file for eviction soon as the courts open up for eviction.

I hope that help.