How to Evict a Roommate in Washington

Evicting a roommate can be a frustrating process.

When things go sour with a roommate, life becomes pretty unpleasant for both parties. Some people might be so impossible to live with that you feel you need to evict them -- kick them out and refuse to allow them to live with you any longer. In Washington State, your right to evict a roommate is contingent on a number of factors, including whose name is on the lease or title, who is paying the rent and what the roommate has done. If you are certain you have the right to evict your roommate, the process is simple and straightforward.

Instructions

1. Determine your legal status in relation to your roommate. If your roommate is a co-lessor with you -- his name is also on the lease -- you do not have the legal authority to evict him. Only the landlord can do so. If your roommate is not on the lease, she is essentially a long-term guest and you have the right to throw her out at will. If your roommate is subletting from you -- he has a written agreement with you to pay a certain amount monthly and abide by certain terms -- or is paying you to live there, you are his landlord and you have the legal authority to evict him. In this case, Washington State eviction procedures must be followed.

2. Change the locks and remove her things, if your roommate is not paying you nor is on the lease or under you. In this case, you have no legal obligations toward your roommate. If she refuses to leave or returns to your home and attempts to enter against your will, you can call your local police or sheriff's department and have her removed for trespassing. In extreme circumstances, you can take out a restraining against her to protect yourself.

3. Follow the Washington State eviction process if your roommate is your tenant. Give him the appropriate type of notice. A three-day notice "pay or vacate" notice is for failure to pay; a 10-day notice is for failure to comply with stated lease terms; and a 20-day notice is for lease termination. If the tenant then fails to comply with the notice terms, go to the county courthouse and file eviction paperwork; then have the tenant served with a court summons. The tenant must then appear in court and defend himself; if he cannot, he will be evicted. If he doesn't appear in court, the sheriff will automatically enforce the eviction.

Tips & Warnings

• Do not lock a tenant roommate out of the home; this is illegal under the Washington State Landlord-Tenant Act. In addition, do not enforce a court ordered eviction; only the sheriff's department can do this.

References

• The Landlord Protection Agency: Washington Legislature - Chapter 59.18 RCW Residential Landlord-Tenant Act
• Washington State Bar Association: Landlord/Tenant Rights
• Rent Law: Washington State Eviction

Resources

• Washington Eviction Kit: Home