Evicting a tenant in Washington state begins with a notice terminating the tenancy. Once the time period in the notice has passed, the landlord brings an action for unlawful detainer and, if successful, can then evict the tenant.
Notice to Quit
Washington state law provides for various types of notices to quit. Which to use depends on whether you are evicting someone for cause, and, if so, what that cause is.
If you evict your tenants because they didn't pay rent, use the three-day notice to pay rent or quit. If, during the three day period, the tenants pay the full rent due, they can stay on the premises. Otherwise, the landlord can file a complaint for unlawful detainer the day after the notice expires.
If the tenants damage the unit or cause a nuisance, you can give them an unconditional three-day notice.
When tenants violate the terms of the lease or rental agreement, you serve them with a 10-day notice to cure or quit. With this notice, the tenant can remedy the problem within 10 days and stay in the unit, or move out. If the tenant does neither, you can bring an eviction lawsuit at the end of the period.
If your tenants haven't violated the lease or missed rent, you can evict them without cause in Washington if their tenancy is month-to-month. If they have a lease, you cannot force them to leave early without cause. Terminate a month-to-month tenancy with a 20-day notice. Note that a "no cause" eviction does not apply in Seattle, as the city incorporates additional protections and different procedures for tenants than are enforced at the state level.
Unlawful Detainer Complaint and Hearing
If the time on the notice to quit has passed, and the conditions – if any – have not been fulfilled, it is time to file a complaint for unlawful detainer. You must also prepare a Notice or Order to Show Cause, and can file and give it to the tenant at the same time as the complaint. You have to arrange for a third party to hand the tenants copies of the legal documents. They have a limited period of time (generally seven to 10 days) to file a response.
If they file a response and challenge the eviction, the court holds a "show cause" hearing" to hear evidence from all parties before making a final decision.
Process of Removal From Premises
If the Washington court rules in your favor, you have the right to evict the tenants. Even at that time, you cannot attempt to remove your tenants yourself.
Instead, obtain a writ of restitution from the court, then provide it to the sheriff's department. The sheriff serves it on the tenants, usually by posting it on the unit door. The notice includes the sheriff’s name and phone number so that the tenants can let him know when they plan to be out of the unit. The sheriff can enforce the writ three days (72 hours) after it has been served.
Teo Spengler earned a J.D. from U.C. Berkeley's Boalt Hall. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. She holds both an M.A. and an M.F.A in creative writing and enjoys writing legal blogs and articles. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. Spengler splits her time between the French Basque Country and Northern California.