Bills · 2025-2026 Regular Session
Relating to: the defense of waiver in eviction actions.
Landlord and tenant Small claims court
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
Current law provides that, in a small claims eviction action, it is not a defense to the action that the landlord or tenant has previously waived a breach of the rental agreement, including by accepting late rent payments, or that a custom or practice developed between the landlord and tenant so as to waive the right of the landlord or tenant to insist upon strict performance of the terms of the rental agreement. This bill eliminates that prohibition on the defense of waiver.
Sponsors
Full history
- Mar 13, 2026 · Assembly
Introduced by Representatives Clancy, Madison, Anderson, Sinicki and Stubbs; cosponsored by Senator Larson
- Mar 13, 2026 · Assembly
Read first time and referred to Committee on Housing and Real Estate
- Mar 19, 2026 · Assembly
Representative Subeck added as a coauthor
- Mar 23, 2026 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1