Washington Tenants Rights in Evictions for the Nonpayment of Rent
Landlords in Washington state can evict their tenants for nonpayment of rent after a missed payment or one payment a day late. Landlords must provide their nonpaying tenants with three days to move out or fully pay the rent that is in arrears. Washington law does not require landlords to accept partial rental payment within this three-day window.
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Written Notice Requirements
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To evict a tenant for nonpayment of rent, the landlord or the landlord's agent must deliver a written notice of eviction in person to the tenant. If the tenant is not home, the landlord or the landlord's agent can leave the written notice of eviction with someone else at the tenant's home or the landlord can post the written notice on the tenant's door if the landlord also mails a copy of the notice to the tenant. Landlords must first attempt to serve the tenant personally with this written notice prior to leaving it with another person or on the tenant's door.
Subsequent Lawsuit
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If the tenant moves out within the three-day allowance, the landlord may not sue the tenant for failing to leave. However, the landlord has six years from the date of vacancy to file a lawsuit against the tenant for the rental arrears.
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Failure to Leave or Pay
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If the tenant does not move out or does not fully pay the rental delinquency, then the landlord must go to court to file an eviction lawsuit. The eviction lawsuit or "Unlawful Detainer Action" is a legal action from the landlord requesting the court's assistance in evicting the tenant. The clerk's office will set a hearing date for the eviction hearing. The landlord must follow the state's legal procedures for eviction after filing the lawsuit.
Unlawful Detainer Procedures
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Landlords must personally serve the tenant with an Eviction Summons and Complaint. Landlords personally serve tenants with the motion by requesting service through a process server or the local sheriff's office. Landlords may not simply mail this notice without receiving written authorization from the court allowing the landlord to mail a copy without personally serving the defendant. Tenants have at least seven days to file a written Notice of Appearance or Answer.
Payment or Sworn Statement Requirement
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The landlord can provide this notice with the Summons and Complaint requesting the tenant to pay the rent or to provide a sworn statement as to why the tenant believes there is a different rental amount due. The tenant has at least seven days to answer this notice by filing a written Sworn Statement or Certification by the deadline date. The tenant must pay the full amount of the rent directly to the Clerk of the Superior Court or a Sworn Statement within the allowable timeframe. Tenants must file an Answer or Notice of Appearance to the Unlawful Detainer Action and file a response to the Payment or Sworn Statement.
Writ of Restitution
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Landlords can obtain a default judgment against tenants who do not file an Answer or Notice of Appearance and do not fully pay their rent or file a Sworn Statement. Additionally, tenants who answer but lose in court must pay the landlord all sums due under the Complaint. After the landlord obtains judgment in the landlord's favor, the landlord receives a written "Writ of Restitution" from the court. The landlord requests the sheriff's office to deliver the Writ of Restitution to the tenant to force the tenant to move out by a certain date. If the tenant does not voluntarily move by the court-ordered date, then the sheriff can forcefully remove the tenant and the tenant's possessions.
Considerations
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Since landlord-tenant laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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