Key Takeaways
- Washington landlords must follow the legal eviction process—self-help actions such as locking out tenants, removing belongings, or shutting off utilities are illegal and can lead to legal consequences.
- Evictions require a valid legal reason and proper notice, such as 14 days for unpaid rent, 20 days for holdover tenants, 10 days to fix minor lease violations, or 3 days to vacate for serious violations.
- If a tenant does not comply after notice expires, landlords must obtain a court-issued Writ of Restitution, which is enforced by the sheriff; tenants may also challenge evictions using legal defenses such as improper notice, retaliation, discrimination, or habitability issues.
The Washington landlord-tenant law grants landlords the right to evict tenants for certain lease violations, such as not paying rent when it falls due, or for damaging the unit beyond normal wear and tear.
Regardless of the nature or extent of the violation, landlords must follow the due course of the law. In other words, you must not try to take matters into your own hands.
For instance, by locking out the tenant or throwing out their stuff. If you try to engage in such illegal and unethical malpractices, you may find yourself in legal trouble.
Under Washington law, the only way to evict a tenant is by following the state’s step-by-step eviction guide. The following are the important basics to familiarize yourself with when learning how to evict a tenant in Washington state.
The Eviction Process in Washington
Expect the tenant eviction process in Washington to take between 1 and 3 months to complete. This period can also extend further depending on a myriad of factors, including the reason for the eviction and whether the tenant fights it through a legal defense.
With that in mind, let’s now look at the important steps you must follow when trying to evict a tenant from your WA property.
Lease Termination Notice
This is the first step in any tenant eviction process. To serve the tenant with a lease termination notice, you must first have a just cause. A just cause is a legal ground for tenant eviction.
Under Washington laws, legal grounds to evict a tenant include the following:
- Failing to pay rent on time.
- Failing to vacate the premises after the lease is up.
- Engaging in actions that violate the lease agreement.
Next, you’ll now be in the clear to serve the tenant with the appropriate eviction notice to terminate their lease.
For non-payment of rent evictions, you must serve the tenant with a 14 days’ advance notice. This will give the tenant the option to either pay the rent due or leave the unit within 14 days.
If the tenant chooses to do neither, you can move to court and file an eviction lawsuit against them. Please note that you can only serve this notice to the tenant after their rent has become late. This is usually after the first day of the month or after the grace period has lapsed.
For tenants who fail to leave after their lease is up, you must serve them a 20 days’ notice to move out. Unlike the prior eviction notice, this one doesn’t give the tenant any chance to remedy their violation. The tenant has to move out within 20 days or else risk a court-ordered eviction.
Once the notice period is over and the tenant hasn’t moved out by themselves, you can move to court for further help.
For tenants who commit lease violations, the notice to serve them will depend on the nature of the violation. For minor violations, you can serve them a 10 days’ notice to correct the issue or vacate the premises.
Examples of minor lease violations include not maintaining the smoke detector or not keeping the unit clean.
If the tenant fixes the violation within 10 days, you’ll not need to take any further action. This is, however, not the case for tenants who engage in serious lease violations. For such tenants, you can serve them a 3 days’ notice to vacate without the opportunity to remedy the violation.
Examples of serious lease violations include causing a nuisance, committing waste, or engaging in unlawful business within the property. If the tenant fails to leave within the notice period, you can go to court and file an eviction action.
Under the Washington residential landlord-tenant act, you aren’t required to provide any advance notice to tenants who engage in illegal activity. That can include illegal drug activity, gang-related activity, unlawful use of a firearm, or physical assault that results in an arrest.
Serving a Tenant With an Eviction Notice
Eviction notices must be served in a particular manner. It must be in writing and served on the tenant using either of the following ways:
- Hand-delivering the eviction notice to the tenant.
- Leaving a copy with a person of a suitable age who can accept the written notice in the absence of the tenant. You must also mail another copy to the tenant’s last known mailing address.
- If the two delivery methods fail, you can post a copy in a conspicuous area on the property. You must also deliver another by mail and leave another with a member of the household.
Tenant Eviction Defenses in Washington
An eviction defense is a reason why a petitioner in an eviction case (the landlord) shouldn’t win the case. Under Washington law, the following are the defenses a tenant can give at a court hearing:
- Providing an inappropriate notice type. For instance, it is shorter than the required period.
- If the eviction arises after a tenant has recently complained about their poor housing conditions. This type of eviction may be conserved retaliatory.
- If the eviction violates Fair Housing Laws and is based on any of the tenant’s protected classes, such as race, color, nationality, or religion.
- If you have breached the warranty of habitability, such as not providing water, heat, or electricity despite notices from the tenant.
- Engaging in ‘self-help’ eviction tactics, such as locking out the tenant, shutting down utilities, unlawfully withholding their security deposit, or removing their personal belongings from the unit.
Writ of Restitution
A court can rule in your favor in either of two ways when it comes to tenant eviction matters. That is, either a default hearing or through a ruling after a successful hearing. Either way, though, the court will issue you with a Writ of Restitution.
Unlike an eviction notice, the writ will have to be served on the tenant by a sheriff. The tenant will then have between 3 and 5 days to move out, depending on the reason for the eviction. If the deadline passes without them leaving, the sheriff will have to carry out the forcible eviction proceedings.
Conclusion
Evicting a tenant requires legal knowledge of the law, as mistakes can have a severe legal impact. That’s why it may be important for you to seek expert help to remove a difficult tenant from your rental property.
For expert help in this regard or overall management of tenants, look no further than InterWest Properties. We provide quality residential investment services to property investors in Vancouver, WA. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.