Navigating the eviction process in Washington requires landlords to understand and adhere to state-specific laws and regulations.
Evictions are legal procedures designed to balance the rights of both landlords and tenants, and any misstep can delay proceedings, lead to financial losses, or even result in legal repercussions.
An eviction is not just removing a tenant from a rental property—it’s a legal process that involves several critical steps, each governed by Washington landlord-tenant laws.
As a landlord, you may need to evict tenants for reasons ranging from unpaid rent and lease violations to more severe breaches like criminal activity or property damage.
However, the process must be handled with care, as failing to follow proper procedures can invalidate the eviction and result in penalties for you as the landlord.
What’s the Eviction Process in Washington? Here’s a Guide
Notice for Lease Termination with Legal Cause
In Washington, landlords must have a valid legal reason (referred to as cause) to terminate a lease early. Common reasons include:
Nonpayment of Rent
Violation of Lease Terms (e.g., unauthorized pets, illegal subletting)
Damage to Property or Nuisance Behavior
Illegal Activities Conducted on the Premises
The type of eviction notice a landlord must serve depends on the specific cause, such as:
1. 14-Day Notice to Pay Rent or Vacate
Used when a tenant fails to pay rent. The tenant has 14 days to either pay the overdue rent in full or vacate the property.
2. 10-Day Notice to Comply or Vacate
Issued when a tenant violates the terms of the lease, such as having unauthorized occupants or causing damage.
The tenant must remedy the violation or leave within 10 days.
3. 3-Day Notice to Quit
Reserved for severe violations like illegal activities, creating a nuisance, or significant property damage.
The tenant must vacate the property within three days and does not have the option to fix the violation.
Each notice must include specific information, including the reason for termination, the timeframe for compliance, and the consequences of non-compliance.
Serving a Tenant with an Eviction Notice in Washington
Proper service of eviction notices is crucial in Washington. If the notice isn’t served correctly, it may invalidate the eviction proceedings. Landlords have several options for delivering notices:
1. Personal Service: Handing the notice directly to the tenant.
2. Substitute Service: Delivering the notice to another adult occupant at the property and mailing a copy to the tenant.
3. Posting and Mailing: If no one is available, landlords can post the notice conspicuously on the property and mail a copy to the tenant.
4. Electronic Service: Notices can be sent electronically only if the tenant has explicitly agreed in writing to receive notices this way.
You should document the delivery method used, including obtaining a signed acknowledgment, taking photos of posted notices, or using certified mail with a return receipt.
Tenant Eviction Defenses in Washington
Even if landlords follow every step correctly, tenants have the legal right to contest an eviction. Common defenses tenants may use include:
Improper Notice: The landlord did not serve the eviction notice correctly or failed to include essential details.
Retaliatory Eviction: The tenant claims the eviction is in response to them exercising their legal rights, such as filing a complaint about unsafe living conditions.
Discrimination: The eviction is allegedly based on race, gender, disability, family status, or other protected characteristics under fair housing laws.
Uninhabitable Living Conditions: The tenant argues they withheld rent because the landlord failed to maintain a habitable property.
Payment of Rent: In cases of nonpayment, if the tenant has paid rent within the notice period, eviction may no longer be valid.
Landlords must be prepared to counter these defenses with documented evidence, such as lease agreements, records of communication, maintenance logs, and proof of notice delivery.
Filing an Unlawful Detainer Lawsuit
If the renter does not comply with the eviction notice, landlords can then file an unlawful detainer lawsuit in the Superior Court of the county where the rental property is located.
The steps to follow include:
1. Filing a summons and complaint with the court.
2. Paying the required court fees.
3. Serving the summons and complaint against the tenant (following proper service rules).
4. Awaiting the tenant’s response.
The tenant typically has a set period to respond (usually between 7–14 days). If the tenant contests the eviction, a court hearing will be scheduled.
Attending the Court Hearing
At the court hearing, both the landlord and tenant will have the opportunity to present their cases. The landlord must provide documentation supporting their claims, including:
Lease agreements
Copies of the eviction notice and proof of service
Records of unpaid rent or lease violations
Communication logs
If the tenant fails to respond or attend the hearing, the court may issue a default judgment in favor of the landlord. If the tenant contests, the judge will make a ruling based on the evidence presented.
Writ of Restitution
If the landlord wins the court case, the judge will issue a Writ of Restitution. This legal document authorizes the local sheriff to physically remove the tenant from the property.
The sheriff will notify the tenant of the scheduled eviction date. The tenant must then vacate the property, and the landlord can regain possession.
Keep in mind that it is illegal for landlords to attempt a “self-help” eviction, such as changing the locks or removing a tenant’s belongings without sheriff supervision.
The Eviction Process Final Step: Regaining Possession
Once the sheriff executes the Writ of Restitution, the landlord can take back control of the property. Steps to follow include:
1. Changing the locks.
2. Documenting the property's condition with photos and inspection reports.
3. Handling the security deposit according to Washington state law, including deductions for damage (if applicable).
4. Preparing the property for re-renting.
Conclusion
The eviction process in Washington requires careful adherence to state laws and regulations at every stage.
From issuing the correct eviction notice to handling court hearings and coordinating with law enforcement, landlords must remain compliant to avoid delays or legal repercussions.
If you need help with managing your Washington property, get in touch with us at Red Roof Rentals. We have been managing properties in the Tacoma area for over 40 years! Contact us today to learn more.
Disclaimer: This blog is intended for general guidance and should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading.
