Key Takeaways
- Washington landlords must have a legally valid reason for eviction, provide the appropriate written notice, and follow specific procedures before filing an unlawful detainer action.
- Different eviction situations require different notice periods, including 3-day notices for unpaid rent or serious nuisance issues, 10-day notices for real agreement violations, and 20-day notices for terminating certain tenancies.
- Landlords cannot perform self-evictions; only a court order and authorized law enforcement can evict a tenant, and illegal actions such as changing locks or shutting off utilities can result in significant penalties.
As a landlord, it is crucial for you to maintain positive landlord-tenant relations to ensure long-term tenants. However, some renters may cause potential issues that require certain actions, such as rent that is unpaid, which is addressed through the Washington law and followed by a written notice and the eviction process in Washington, potentially leading to court. Housing issues like unpaid rent can often be resolved with proper legal guidance.
Common causes for eviction include non-payment of rent and other lease violations of the lease agreement. As a rental property manager, you may need to initiate an unlawful detainer action, which could involve the court, to regain possession of the rental. Non-payment of rent is a serious matter that may require immediate attention to avoid legal complications and ensure housing stability.
Most issues can be solved with a reprimand or two, but it’s important to understand when formal action is necessary. In some cases, landlords may need to refer to eviction laws and take the matter to court to ensure that the process is handled legally and appropriately within housing law.
Familiarizing yourself with these laws can help you navigate the eviction process in Washington smoothly, potentially preventing court delays and avoiding any legal complications.
With some tenants, however, you may have to do a little more. If you have someone who consistently violates the terms of their rental agreement, eviction may be your best recourse. Here’s a landlord’s guide to the Washington eviction process adhering to the law.
Types of Notices for Termination with Cause
In order to evict a tenant from the rental unit, a landlord must first have a valid reason under the Residential Landlord Tenant Act. Legal reasons for termination include:
- Failure to pay or make rent payment
- Failure to comply with rental agreement terms
- Waste or nuisance
- Committing an illegal act
- Expiration of a rental or lease agreement
Before a landlord can evict a tenant, they must first give them a written notice. The type will vary depending on the cause of eviction. Common written notices to vacate are:
A 3-Day Written Notice to Pay or Vacate
Most evictions happen because of tenant not paying rent. This informs the tenant that they have three days to pay their monthly rent payments due or leave. Failure by the tenant to pay rent or act within this time frame means that the landlord can proceed with the eviction lawsuit.
10-Day Written Notice to Vacate or Comply
This notification is given when the tenant violates any of the terms of the lease or rental agreement. This gives tenants 10 days to resolve the lease violation or leave. If the tenant refuses to do either, the landlord can then go ahead and file an eviction lawsuit against them.
3-Day Written Notice for Nuisance or Waste
This is given to tenants who conduct illegal activities, cause nuisance or litter on the rental premises. Rental owners should only serve this when these lease violations are severe enough to warrant an eviction. For example, a tenant who’s had multiple arrests can be considered a nuisance.
20-Day Written Notice to Terminate a Tenancy
In Washington, the eviction notice is 20 days for month-to-month leases. Rental owners should serve this at least 20 days before the last date of the rental period.
In all these cases, the landlord must not evict a tenant for retaliatory or discriminatory reasons.
Types of Notices for Termination Without Cause
If landlords want to terminate a lease agreement without cause, they must wait until the term period expires. In some cases, the Washington eviction laws require a landlord to give the tenant a written notice to move out of the rental unit.
Month-to-Month Tenancy
If the agreement is on a month-to-month basis, landlords must give the tenant a “Notice of Termination.” This is also known as a “20-day Notice.” Once the 20 days have lapsed, a landlord may file an eviction lawsuit.
Fixed-Term Lease
Here, landlords don’t need to issue notifications to end the agreement. This is because a fixed term lease agreement expressly specifies when the lease or rental agreement ends.
Serving a Proper Notice
According to Washington law, a landlord must serve the eviction notice to evict tenants in one of the following ways:
- Personal delivery to the tenant
- Delivering to the tenant via an employee, manager or another adult
- By personally leaving it with an adult at the rental
- By delivering it via certified and regular mail
It’s advisable that as the landlord, you personally serve the eviction notice to a tenant in the presence of a witness.
Serving a Summons and Complaint
Unlike an eviction notice, a summons and complaint cannot be served to the tenant personally. Instead, it can only be served by a neutral third party like a sheriff.
After receiving the summons, it is important that the tenant files a written response within a specified period. In Washington, tenants have one week to do it. Otherwise, they automatically lose the eviction case.
Show Cause Eviction Hearing
In this case, the burden solely lies on the tenant. A show cause court hearing requires the tenant to give reasons why Washington eviction process shouldn’t be carried out. If the tenant doesn’t show up to the court hearing, the rental unit returns back to the rental owner.
Removal of the Tenant from the Washington Property
A landlord can only remove a tenant from their unit by winning an eviction lawsuit. And even then, only an authorized person, such as a Washington State law enforcement officer, can perform the eviction.
Washington eviction laws make self-evictions illegal. A landlord cannot:
- Threaten the tenant
- Remove the tenant’s personal belongings from the rental property
- Padlock the doors and windows
- Shut off utilities
Doing any of these can land a landlord a hefty fine. In some instances, they may be fined up to $500 for each day the tenant’s property is in your possession after a wrongful eviction.
Removal by Writ of Restitution
Assuming the landlord wins the case, the judge will decide how much the tenant owes, including in court costs, the Washington eviction attorney’s fees, and rent.
Once a writ of restitution is served, the tenant will only have 3 or 4 days to vacate. If the tenant fails to move out within that timeframe, the sheriff will carry out the eviction.
The Washington landlord-tenant laws require you to store any property that’s left behind after an eviction. Any hauling and storage costs will be shouldered by the tenant.
In rare cases when a tenant violates your property rules and causes potential issues, eviction may be your best option. Our team of experts at T-Square Properties can help you deal with potential tenant issues and the eviction process, safeguarding your property. Contact us today to learn more about our services!