Serving Eviction Notices

The information on the page is based on the laws of the state of Washington. Landlord-tenant law varies by location. Even in Washington, the information on this website is not a substitute for advice about your circumstances.

“Eviction notice” refers to pre-litigation unlawful detainer notices such as pay or vacate, comply or vacate, notice to terminate tenancy, etc. These rules do not apply to the summons and complaint or other documents, which are governed by different rules.

The basic law governing serving eviction notices is the same for residential and commercial evictions, but there are nuances for serving a business entity. Residential landlords (and in some place commercial landlords by local law) may have to serve a proposed repayment plan. Whether this can be served at the same time as a notice to pay rent or vacate is an open legal question. Consult with a landlord-tenant attorney before taking action.

Notice requirements are strictly construed against the landlord. Even if the landlord can prove the tenant actually received the notice, failure to strictly adhere to the service methods may result in dismissal of the eviction action.

There are only three legally acceptable means to serve an eviction notice on a tenant.

1. Delivering a copy personally to each adult tenant,
2. Substitute service on a some person of suitable age and discretion and mailing a copy to each tenant,
3. If neither the tenant nor a person of suitable age and discretion is present then affixing a copy of the notice in a conspicuous place on the premises and mailing a copy to each tenant.

Mailing. Service of eviction notices requires the landlord (or other person serving the eviction notice) to go the property. Mailing is sometimes required in addition to other steps. See above. Mailing alone is not sufficient legal service of an eviction notice. When mailing is required (see above) mail the eviction notice from the same county.

More than one tenant. If there is more than one person living in the property it is important to serve enough copies of the eviction notice for each person.

Posting. Posting is only appropriate after knocking and getting no answer at the door. Notices must be posted in a conspicuous manner. The landlord should not slide the notice under the door or through the mail slot, for example. Instead, the best practice is to post on the front door at eye level.

Failure to comply.  After an eviction notice is property served and the tenant fails to comply, the landlord must initiate the legal eviction process. This is true even if the landlord does not care about collecting money, there was never a written agreement, or the lease has expired. All landlords must go through the eviction process if a tenant refuses to vacate voluntarily.