Key Takeaways
- Use the correct Washington eviction notice for the specific lease violation before taking further legal action.
- Keep detailed records of rent payments, lease violations, notices, communications, and property conditions to support your case if an eviction reaches court.
- Avoid self-help actions such as changing locks or shutting off utilities, since Washington requires landlords to follow the established legal process.
- Review current Washington landlord-tenant requirements before serving a notice because eviction rules and procedures can change over time.
- Consider professional property management when you need help coordinating notices, documentation, court-related steps, and other responsibilities involved in an eviction.
What You Need to Know About Washington State Eviction Laws & The Eviction Process
A tenant eviction is something that no landlord wants to have to go through. In Washington State, the eviction process requires landlords, property managers, and rental property owners to serve the correct notice for the lease violation, follow the legal steps without using self-help measures, and, if needed, go through the court system to obtain a writ of restitution.
Landlords can evict tenants in Washington for a number of reasons, including the failure to pay rent or violating the terms of the lease agreement or rental agreement. For the eviction to be successful, you'll need to strictly follow the due process laid down under the law and stay current with state's landlord tenant laws, since unlawful shortcuts can delay removal, trigger penalties, and make it harder to regain possession of your unit.
It's important to stay up to date, because these laws may change frequently.
In this article, we'll take you through Washington eviction notices, the lease violations that can lead to removal, how to file an eviction lawsuit, what happens in court including possible tenant defenses, and the legal requirements landlords must meet under Washington's landlord-tenant laws.
Washington Eviction Notice
To begin the Washington eviction process, landlords need to serve the tenant with a written notice. Depending on the type of lease agreement violation, whether that is failing to pay rental fees, late fees, or violating the rental agreement, different eviction notices will be served when the eviction lawsuit is filed.
If the tenant fails to make monthly rent payment, a landlord must serve the tenant a 14-day Notice to Pay or Vacate. Rent is deemed late a day after it falls due. Grace periods and/or late fees for paying rent, if any, are addressed in the lease or rental agreement.
If you wish to evict the tenant because they failed to pay rent, a landlord must provide the tenant with the 14-day Notice to Pay or Vacate. The eviction notice to pay unpaid rent or vacate will give the tenants 14 days to pay rent due before facing a evictions in. If applicable under current law, tenants can reinstate the tenancy by paying the owed rent within 5 days.
If the tenant adheres and keeps paying rent within the 14 days, no further action on your part is required. But if they don't, a landlord can file an eviction and begin with the eviction process.
Another common reason for evicting a tenant is gross violation. The State categorizes these violations into two types: curable and non-curable. An example of a curable violation would be subletting or making alterations to the rental unit without permission.
For curable violations, the law requires a landlord to serve a 10-Day Notice to Comply. It essentially gives the tenant 10 days to cure or correct the tenant's rental agreements violation or else face an eviction from the rental property.
When it comes to non-curable violations, these are serious lease violations that don't have the option for 'curing' and can involve waste, nuisance, or illegal activity. Examples include operating an unlawful business and criminal activity on the premises.
Here, a landlord must serve a 3-Day Notice to Vacate. The 3-Day Notice to Vacate gives the tenant 3 days to move out for waste, nuisance, or illegal activity, or else face an eviction.
Eviction Proceedings in Washington
In most cases, tenants will comply with the written notice by curing the violation or moving out of the unit, at which time you'll have to determine whether to return the tenants' security deposit.
Nonetheless, there are those that will stay put until judgement by the court. For the latter group, you'll need to file the summons and complaint with the court, where court issues involving filings, service, and procedure can affect the timeline.
The court's clerk will give you two copies: one for you and one for your tenant. After the landlord serves the tenant with their copy and the summons, the tenant must file an answer within 20 days after receiving it. Tenants can also contest the eviction in court and present evidence. They should not ignore court papers, as that can lead to a default judgment against them.
The following are some common eviction defenses that tenants in Washington put up:
- You are discriminating against them. The Federal Fair Housing Act criminalizes any act of discrimination against a tenant based on protected characteristics. These characteristics are: race, color, gender, familial status, national origin, disability, and religion.
Washington's landlord tenant laws also includes military status, gender expression or identity, and sexual orientation on its list of protected classes.
- You are retaliating against them for exercising their legal right. Just like discrimination, retaliating against a tenant is illegal. Examples of retaliatory acts include: increasing the rent, refusing to renew the lease, cancelling cable access, removing laundry facilities, or draining the pool.
Every Washington tenant has a right to join or organize a tenant union, to withhold rent entirely for an uninhabitable rental unit, to deduct money from rent for repairs, and to complain to authorities for subpar living conditions.
- The rental unit you've provided is uninhabitable. A landlord cannot evict a tenant in Washington for exercising their right to withhold rent payments until they fix a maintenance issue.
Landlords must maintain the rental premises according to the requirements set out by law. For instance, you're responsible for maintaining all electrical, heating, and plumbing, and for ensuring all appliances you've supplied in the rental unit work properly.
- You didn't follow the correct eviction procedure and conducted wrongful eviction. Your tenants could also use your ignorance of the law as a defense in court. Failing to provide proper notice, providing the wrong notice, or failing to provide a notice altogether are common mistakes.
However, the good news is that this might only delay the process, but not stop it.
- You used "self-help" means or unlawful detainer action to evict the tenant. The only way to legally evict a tenant is by following the due process stipulated under the law. It's illegal for you to take matters into your own hands by changing the locks or shutting off the utilities, for example.
If you do any of these things, your tenants could sue you for damages caused.
Court Hearing & Judgement
If the landlord proceeds with the eviction, a court hearing will only be scheduled once the tenant responds. In some states there is a timeframe on the issuance of a summons and complaint, but Washington isn't specific on when a hearing must be held. Generally, it depends on the schedule of the court.
If the tenant fails to show up to the eviction hearing, then no hearing will be held and you'll win by default, and any attorney fees or court costs will be their responsibility.
Both you and the tenant will have the option to request a trial by jury. A downside of this is that it will only lengthen the process.
If you're lucky and the judge rules in your favor at the eviction resolution, then the superior court will issue a writ of restitution. A writ of restitution gives a sheriff the authority to forcefully remove the Washington tenants from a property in the event the landlord wins the eviction resolution.
Bottom Line: Eviction Rules in Washington State
An eviction process can be a lengthy, laborious, and costly process and if the tenant files any conflicts then the process will be harder. For the eviction process to succeed, you need time, money for filing fees and attorney's fees, and an extensive understanding of the state laws governing eviction procedure in Washington. Delays can also increase lost rent, and in appropriate cases landlords may seek to recover actual damages. Luckily for you, Windermere Property Management can help you through the entire eviction process!
Windermere is the go-to management company in Spokane and the surrounding areas. We can help you in all aspects of real estate management, including filing an eviction lawsuit. You can get in touch with us here.
This blog is may not be kept up to date with the latest changes in Washington law. For any queries you may have please contact a washington eviction attorney, property management company or any other legal representive.
Frequently Asked Questions
What Should Landlords Document Before Starting An Eviction?
Landlords should maintain organized records that clearly show the reason for the proposed eviction and the steps taken before filing a case.
Depending on the situation, useful documentation may include the lease or rental agreement, payment history, written communications, property records, photographs, notices served, and records showing how and when notices were delivered.
Strong documentation can make it easier to demonstrate that the landlord followed the required process. Because eviction requirements can depend on the circumstances, landlords should verify current Washington requirements before taking action.
When Should A Washington Landlord Consider Legal Counsel?
A landlord may want to consult a qualified Washington attorney when an eviction involves complicated circumstances, disputed facts, substantial financial exposure, or uncertainty about the correct notice or procedure.
Eviction law can involve both state laws under the Residential Landlord-Tenant Act and applicable local rules, and mistakes in the process can affect a landlord's ability to regain possession.
A property manager can help with administrative and management responsibilities, but legal questions should be directed to a qualified attorney. Washington Courts identifies Chapter 59.18 RCW as a key source governing responsibilities involving residential tenants.
Can A Property Manager Help With A Washington Eviction?
A property manager can help landlords handle the management responsibilities surrounding an eviction, including maintaining property records, communicating with residents, coordinating notices according to the company's procedures, and helping organize the next steps when a tenancy needs to end.
Windermere Property Management states that its services include eviction assistance and that it takes legal action when appropriate after notices have been addressed.
The company serves Spokane and several surrounding communities, so owners should confirm whether their specific property falls within the company's current service area.
What Happens After A Landlord Files An Unlawful Detainer Case?
If a tenancy does not end after the applicable notice period, including when a notice ends a month-to-month tenancy or another tenancy, a landlord may need to pursue an unlawful detainer action through the court. The process can involve formal service of court documents such as the summons, which the sheriff serve or another authorized process server may handle, a show cause hearing, and potentially further proceedings depending on the circumstances.
If the court determines that the landlord is entitled to possession, a writ of restitution may be issued. Landlords should not attempt to physically remove a resident themselves; possession should be recovered only through sheriff enforcement of the procedures authorized by Washington law.
Are Washington Eviction Notice Requirements The Same For Every Situation?
No, landlords should not assume that one notice applies to every eviction. Washington law provides different notice requirements depending on the circumstances, and the required notice can also depend on whether the tenancy is under a fixed term lease or a month-to-month or other periodic tenancy.
For example, Washington's statutory 14-day notice addresses certain unpaid rent, utilities, or recurring charges. Other circumstances may involve a notice stating the legal reason for termination, and in some cases, including subsidized housing, additional rules may apply.
Because an incorrect notice can create procedural problems, landlords should identify the applicable legal basis and confirm the current statutory requirements before serving an eviction notice, since tenant protections can vary by tenancy type and applicable law.