RCW 43.31.605 established the Landlord Mitigation Program as a way to reimburse landlords for certain losses and expenses, including unpaid judgments for rent and other costs.

Any landlord that has screened, approved, and offered rental housing to any applicant who will be using any type of housing subsidy program is eligible to submit a claim under the landlord mitigation program, but landlords of properties owned or operated by housing authorities are not eligible to apply. Claims are to be submitted to the Washington State Department of Commerce. In order to qualify for a claim, the landlord must provide the following documentation:

1. Obtain a Washington Statewide Vendor Identification Number;
2. An executed written Rental Agreement between the landlord and the tenant(s);
3. A Rental Assistance Agreement (or adequate proof of housing assistance);
4. A completed Move-In Condition Report signed and dated by both Landlord and Tenant(s);
5. A Tenant ledger showing any unpaid portion of rent and other charges;
6. Copies of all repair invoices for damages that are included on the claim; and
7. Complete the entire claim submission form located on the Washington State Department of Commerce website.

Landlords can be reimbursed for an unpaid judgment of rent, unpaid judgments where the tenant fails to make payments required by an installment payment agreement, late fees, and attorneys’ fees and costs after a court order has been issued under RCW 59.18.410(3). Claims for landlord mitigation are exempt from any post judgment interest imposed. When applying for reimbursement, the landlord must submit the claim with a court order staying the writ of restitution.

Please note that reimbursement is subject to the availability of funds; reimbursements are issued on a first come, first served basis. Please also note that if your tenant doesn’t receive a housing voucher or other type of housing subsidy, this option does not apply to you.

If you have any questions, please reach out to any of the attorneys in our landlord-tenant practice group.