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A. Pursuant to provisions of the state Residential Landlord-Tenant Act (Chapter 59.18 RCW) owners may not evict residential tenants without a court order, which can be issued by a court only after the tenant has an opportunity in a show cause hearing to contest the eviction (RCW 59.18.380). In addition to any other legal defense a tenant may have, it is an additional affirmative defense to an unlawful detainer action that a landlord failed to give a 60-day “no cause” notice to a monthly or periodic tenant, with service effected in the same manner as required for notice under RCW 59.18.200(1)(a), prior to the end of such month or period unless a different for cause notice period is specifically authorized by law. Examples of for cause notice that are exempt from this section include, but are not limited to, three-day notice to pay or vacate, three-day notice for waste or nuisance, 10-day notice to comply with the terms of the rental agreement or vacate, and any 20-day notice provided under federal or state guidelines applicable to low income or affordable housing programs that is also accompanied by documentation of serious and repeated violations of the material lease provisions or a condition that makes the resident’s unit uninhabitable.

B. Any rental agreement provision which waives or purports to waive any right, benefit or entitlement created by this section shall be deemed void and of no lawful force or effect. [Ord. 2018-02-004 § 3].