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Washington State Landlord-Tenant Attorneys

You cannot just evict a tenant who stops paying rent or breaks some other provision of the lease. 

As the landlord, you must strictly follow the legal requirements in Washington's unlawful detainer statute.    

What is an eviction notice?

You cannot just go to court to evict a tenant who stops paying rent.  First you have to give your tenant written notice.

An eviction notice describes your tenant's violations and explains how your tenant can remedy the violations.  Per the notice, the tenant must move out of the property or pay the rent within 14 days to avoid eviction. 

How much notice do I have to give my tenant?

The required notice period depends on the type of violation. 

10 Days' Notice10 days' notice is required for the following violations: 

  • Damage to the rental unit
  • Too many people living in the unit
  • Smoking in non-smoking areas
  • Material health / safety violations

14 Days' NoticeIn Washington, you must give your tenant at least 14 days' notice before evicting a tenant for non-payment of rent. 

3 Days' NoticeYou need only give 3 days' notice for the most serious types of violations, including:

  • Criminal activity (e.g., physical assault, selling drugs)
  • Hosting an illegal business
  • Creating harmful waste on the premises

Note:  These types of violations are considered non-curable.  That is, your tenant must move out after 3 days regardless of whether he or she can fix the issue. 

What happens if the tenant pays rent before the 14-day period ends?

You cannot move forward with the eviction.  If your tenant falls behind on rent again, you must re-start the eviction process and send a new notice. 

How do you serve a 14-day eviction notice on your tenant?

Under Washington's unlawful detainer statute, you can serve the 14-day notice in one of three ways:

Personal service:  hand-delivering the notice to your tenant.  This is the ideal method. 

Substitute service: leaving the notice with a person of suitable age of discretion who lives with the tenant. 

Additionally, to comply with substitute service, you must mail a copy of the notice to your tenant. 

Posting:  If you cannot accomplish personal or substitute service, you must post the notice in a conspicuous place (for example, taping the notice on your tenant's door).

Like substitute service, you must also mail a copy to your tenant.

What happens if my tenant does not comply with the eviction notice?

If your tenant fails to pay—or only makes partial payment—you can now begin the formal eviction process in court.  This is called an unlawful detainer action. 

Where do I file eviction proceedings?

In Washington, you must file an unlawful detainer action in the superior court in the county in which the property or some part of the property is located.

ExampleYou live in Ellensburg.  You own a commercial building in Bothell, a part of which is in King County and the other portion in Snohomish County. 

You can initiate eviction proceedings in King County or Snohomish County superior court.  However, you cannot file an action in Kittitas County Superior Court, because it does not matter where you live. 

How do I file an unlawful detainer action in Washington?

You must file and serve on your tenant both a summons and complaint for an unlawful detainer action, in which you describe the reasons for the lawsuit. 

How much does it cost to file an unlawful detainer action?

The filing fee varies by county, but it could be as high as $150. 

How do I serve unlawful detainer papers on my tenant?

Like the eviction notice, you must properly serve your tenant court documents.  Unlike an eviction notice, however, the rules are stricter.  For example, you cannot serve the tenant, regardless of which method of service. 

Personal service:  Anyone over the age of 18 who is not a party to the case can hand-deliver documents to your tenant. 

The best way to accomplish service is to hire a competent process server or a local sheriff to go to your rental unit and serve your tenant directly.

Substitute service:  Your process server leaves the court papers with someone of suitable age and discretion who lives with the tenant.

Example #1Your process server hands a copy of the summons and complaint to your tenant's live-in girlfriend.  This is proper substitute service.

Example #2:  Your process server gives a copy of the summons and complaint to your tenant's 10-year-old son.  This is not proper service because a child is too young to understand the significance of court documents.

Can I just email court papers to my tenant?

No, unless your tenant agrees to be served via email.

In Washington, you cannot serve unlawful detainer actions via email, text message, or by fax. 

My tenant is avoiding service.  What can I do?    

If you cannot locate your tenant, you can file a motion requesting permission to serve your tenant via mail instead of personal or substitute service.

A court will only grant your motion, however, if you can prove that you or your process server / investigators have made “diligent efforts” to locate your tenant.  This motion is critical, so our firm can help you draft a legally airtight motion.

If the court grants your motion, you can serve the tenant as follows:

  • Post the notice and summons and complaint in a “conspicuous place” on the premises (e.g., posting on the tenant's door)
  • Mail two (2) copies of the summons and complaint via both first-class and certified mail to the tenant's last known address

How long does my tenant have to respond?

In Washington, your tenant must file and serve on you a written response within 7-30 days of receiving the summons and complaint. 

Can I lock my tenant out of the unit?

No.

Lockouts are illegal under RCW 59.18.290.  You cannot restrict your tenant from accessing the unit, even if your tenant has failed to pay rent, has failed to respond to an eviction notice, or even if the tenant has failed to respond to the unlawful detainer action. 

When can I request a court hearing?

How the tenant responds determines what happens next. 

If you are likely to prevail at the hearing, then we recommend scheduling a show cause hearing, during which you will ask the court to order the tenant evicted.

Example:  You file an unlawful detainer action in Snohomish County Superior Court based on no-payment of rent.  Your tenant files a response, in which he states he lost his job. 

You should schedule a show-cause hearing.  Your tenant does not have a legal defense to your lawsuit

How does a show-cause hearing work?

At the show-cause hearing, the court hears from both the landlord and the tenant.  Following the hearing, the court has three options:

  • Enter an order for a writ of restitution against the tenant
  • Enter a judgment for the tenant and dismiss the lawsuit
  • Schedule the case for an expedited trial within 30 days.  This will happen if there are material issues of fact that a court needs to determine—for example, whether the tenant did in fact damage the rental unit or was operating an illegal business out of the unit. 

What is a writ of restitution?

A writ of restitution is a court order requiring the tenant to move out of the residence or else face forcible eviction. 

What happens if the tenant still refuses to move out after the writ of restitution?

If the tenant does not voluntarily vacate the residence, you can work with the sheriff's office to coordinate a physical eviction.  You cannot engage in self-help eviction. 

Contrary to popular belief, the sheriff's office will not actually move your tenant's belongings out of the unit.  Instead, the deputy will keep the peace while you clear out the unit and arrange for storage of the property at a third-party location. 

What happens if the tenant does not respond to the summons and complaint?

If your tenant does not respond by the listed deadline, you can file a motion for a default judgment.  The court will enter a writ of restitution without the need for a show-cause hearing.  By failing to respond, the tenant has lost the right to challenge the eviction. 

How long does the entire eviction process take?

Ideally, the entire process takes around 60 days, from the date you serve / post the eviction notice to the date of the physical eviction.  But if the case proceeds to trial, the process could take upwards of 3-4 months. 

Can I recover my costs and attorneys' fees?

Yes

Exception:  If you do not serve the tenant via personal or substitute service, the court can only restore possession of the unit to you but cannot enter a money judgment. 

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