How to Evict a Tenant in Washington State
October 26, 2015 —Steps to evicting a tenant legally in the state of Washington
Eviction, something no tenant wants to hear and a landlord rarely wants to execute, is an unfortunate necessity is in some cases. If you have a tenant that isn’t paying their rent or has violated their lease agreement, your legal recourse may be to evict them.
What is an Eviction?
An eviction is the legal process a landlord uses to cancel a lease agreement and remove a tenant from physical possession of the rented property. The legal action brought by a landlord to evict a tenant is called an unlawful detainer. It is a special proceeding under Washington law designed to afford an expedited determination of who is entitled to possession of the rented premises.
Reasons for Eviction
Landlords may legally evict a tenant for any of the following reasons:
- Not paying rent
- Significant violations of a lease agreement
- Creating waste or nuisance
- The lease has expired
Landlords have no general duty to agree to a renewal of a tenant’s lease. In fact, the landlord may decide not to renew the lease for no reason at all. They may not, however, evict tenants or refuse to renew a tenant’s lease for discriminatory or inappropriate reasons, as defined by statute.
For example, a landlord has the right to not renew a tenant’s lease simply because she does not like the tenant. But a landlord may not refuse to renew a tenant's lease because of the tenant’s race or ethnicity, or for other reasons prohibited by law.
In addition, landlords may not harass a tenant by shutting off utilities or changing their locks in an attempt to get them to leave.
Steps to Legally Evict a Tenant
Three-day notice to pay rent or vacate. If a tenant has defaulted by not paying rent, the landlord may then serve the tenant with a “three-day notice.” The notice must specify the amount of rent due and clearly instruct the tenant that he or she must either pay or vacate the property within three days. The landlord must serve the notice in one of the following ways:
- Personally delivered to the tenant
- Personally delivered by a manager, employee or other adult and mailed to the tenant
- Personally leave the notice with someone else at the rental unit and mailed to the tenant
- Posted at the tenant’s rental unit and mailed to the tenant (via Certified and regular mail).
- Note: We recommend serving as many copies of the notice as there are tenants on the lease agreement.
Notice of Termination of Tenancy. When a tenant is renting on a “month-to-month” basis (i.e., there is no lease term) the landlord may serve the tenant with a “Notice of Termination of Tenancy.” This is often called a “20-Day Notice” because it must be served twenty days before the end of the month. This notice must be served in the same manner as the Three Day Notice.
Notice of Non-Compliance. If the tenant fails to comply with the terms of the lease, the landlord may serve a notice that requires the tenant to either comply or vacate within ten days. This is often called a “10-Day Notice.” This notice must be served in the same manner as the Three Day Notice.
Unlawful Detainer Action. If the tenant does not pay the amount of rent in default after the three-day period expires, the landlord can go to court and start proceedings for an eviction lawsuit. In Washington State, an eviction lawsuit is referred to as an “Unlawful Detainer Action.” If the tenant does not vacate the property, the law requires landlords to file an unlawful detainer legal action to evict them.
To initiate an unlawful detainer action, the landlord must first file a summons and complaint with the appropriate court. If a tenant owes rent, the complaint must state the amount due and the summons must state the allotted amount of time in which the tenant must respond. To properly serve the tenant, who will now be referred to as the defendant, with the summons and complaint, the law requires personal service by someone who is over the age of 18 and not a party to the action. In some instances, a summons via publication will suffice. RCW 59.18.365
Show Cause Hearing. A landlord can also obtain a court order requiring the defendant to appear before court and show cause, if any, why an eviction, or writ of restitution, should not be issued to restore to the plaintiff possession of the property. RCW 59.18.370
This hearing is beneficial to the landlord because the burden is on the tenant, rather than the landlord, to “show cause” (i.e. prove) why the property should not be restored to the landlord. This hearing is the quickest way for the landlord to take back possession of the property. If the tenant cannot show cause or fails to appear, then the court will typically order the sheriff to restore the property to the landlord via a “Writ of Restitution.” The court may also award the landlord other requests made in the complaint, such as a judgment for outstanding rent.
Eviction of Tenant. After the writ of restitution is obtained, whether by the inability to show cause or by default, the sheriff will serve it. The tenant will then have three business days to vacate, not including the day of service.
If the tenant does not vacate the property within this timeframe, the landlord must contact the sheriff’s department and arrange for a physical eviction.
Problems can arise at any point during the eviction process, but there are different strategies for evicting a problem tenant. It is advisable to seek a lawyer's assistance to obtain comprehensive advice regarding landlord-tenant laws and to help draft all necessary documents to ensure the eviction proceeds smoothly.
Find a Lawyer in Washington State Experienced in Real Estate Law
The Law Offices of Stephen M. Hansen assist landlords, property managers, homeowner’s associations, and residential and commercial real estate buyers and owners. We draft and review lease agreements, purchase and sale contracts, easements, and foreclosure documents. We advocate for our clients in court and seek creative and practical resolutions for our clients involved in disputes.
With literally decades of experience in negotiating real estate issues, The Law Offices of Stephen M. Hansen can help. Call the office at 253.302.5955.
