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WashingtonThe information on the page is based on the laws of the state of Washington. Landlord-tenant law is very different in different jurisdictions. Even in Washington the information on this website is not a substitute for advice about your circumstances. Custom Search
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Commercial evictions in Washington are pursued either as an unlawful detainer action under RCW Chapter 59.12 or as an ejectment action. *
The procedure for a commercial eviction essentially mirrors that for residential evictions. See our page on the eviction process. There are however some important differences.
In a commercial lease it is possible to obtain a writ after filing the unlawful detainer action by posting a bond in an amount to be determined by the court. This is also conditioned on the landlord “will prosecute his action without delay” and also that the landlord all of the defendants costs should the defendant ultimately prevail.
Should the landlord be unable to effect personal service in a residential eviction the landlord may seek a court order to allow posting and mailing of the summons and complaint. Under these circumstances the summons must be answerable in nine days.
Under similar circumstances in a commercial eviction the landlord might proceed by servicing the summons by publication. The summons is answerable in 60 days.
It is also worth noting than many commercial leases provide for more notice for default under the terms of the lease than the statutory minimum. If the lease provides, say, five days notice of default, then the landlord must provide five days notice to pay or vacate, not the statutory minimum three. Boiler plate forms (including the ones on this website) that provide for only the statutory minimum notice have to be edited to comply with the lease.
This rule applies to both commercial and residential leases, but is more common in commercial leases. Failure to comply will result in dismissal of the action. If the writ was issued as discussed above the landlord could face an expensive costs bill from the tenant.
There are many important considerations in a commercial eviction. Consult an attorney before taking actions that may affect your rights.
* An ejectment action is rarely advantageous to the landlord and is discussed elsewhere.