Landlords today must comply with several layers of landlord-tenant law. Washington residential eviction law has been completely overhauled in recent years at the state and in some places local level. Federal law also imposes additional requirements.
It is more important than ever to consult with an attorney who is well-versed in the laws applicable where the rental property is located. Below are short summaries of eviction laws in Washington. Consult with a landlord-tenant attorney before taking any action.
Residential Eviction
Residential landlords under some circumstances may terminate a tenancy at the end of a lease term with 60 days' prior notice. The tenant must never have been month-to-month. If there is an automatic month-to-month clause, the lease must be in the initial term.
A landlord may propose a reasonable new lease at least 30 days prior to the end of the term. A formal notice should be served along with a copy of the lease.
In all other situations, the landlord must have cause to evict tenants. The grounds that are cause for eviction are defined by state law. In some areas, local laws also further define just cause.
Eviction Notices
Landlords must serve an eviction notice before filing the eviction case in court. Examples include the notice to pay rent or vacate, the notice to comply or vacate, and the notice to terminate tenancy. Local and in some situations federal laws require additional mandatory language, additional notice cure period time, and/or require service of additional documents along with the notice.
Eviction Litigation a/k/a Unlawful Detainer Action
If the tenant does comply with an applicable eviction notice the landlord must serve and file the eviction summons and complaint. If there is no response to the summons and complaint relief may be obtained from the court by default without further notice to the tenant. In some places, the courts may interpret local laws or court rules as limiting or preventing eviction by default.
If the tenant answers or appears in the action (or a default is not allowed by local law or court rules) a hearing is required. The tenant must be given notice of the hearing. Washington residential tenants have the right to no-cost legal representation.
Tenants may seek to reinstate the tenancy with a payment plan, which is different and distinct from the repayment plan sometimes required before the eviction is filed.
The Washington residential eviction process is much more complicated than it was in the past. Local and/or federal law adds to the complexity. Landlords are encouraged to seek a consultation with a landlord-tenant attorney.
Repayment Plans
Residential landlords must offer reasonable repayment plans for all rent that accrued through April 30, 2023.
Commercial Eviction
Commercial landlords have much more leeway in drafting the terms of the lease. The lease controls the rights of the landlords and tenants in commercial tenancies to a great extent. Nuances in the lease terms can make a big difference. It is prudent to have an attorney review the lease before starting an eviction, or better yet before signing a commercial lease.
Eviction Notices
Landlords must serve an eviction notice before filing the eviction case in court in most situations.
The notice to pay rent or vacate is still a three-day notice by statute in commercial evictions. However, commercial lease terms often require a longer cure period for non-payment of rent or other breaches of the lease.
Eviction Litigation a/k/a Unlawful Detainer Action
If the tenant does comply with an applicable eviction notice the landlord may serve and file the eviction summons and complaint. If there is no response to the summons and complaint relief may be obtained from the court by default without further notice to the tenant. If the tenant answers or appearance in the action a hearing is required. The tenant must be given notice of the hearing.
Consult with a landlord-tenant attorney who practices where the commercial rental property is located.