Everything You Need to Know About Washington Eviction Laws
Eviction law is the area of law that mandates the legal process of a tenant being evicted from their place of residence. Different states hold different laws regarding eviction and tenancy. Here is everything you need to know about Washington’s eviction laws and the process of doing so.
Washington Eviction Process
The process for evicting a tenant in Washington is as follows:
- An eviction notice is sent to the tenant.
- If the tenant fails to vacate, a complaint will be filed and served.
- The tenant will file an answer to the complaint.
- Subsequent court hearing and judgment.
- Writ of restitution.
- Return of property.
Notice of Eviction
In the state of Washington, a landlord can evict a tenant if the tenant does not pay rent, violates their rental agreement or lease, or the lease has ended.
Related: How to File and Serve an Unlawful Detainer in Washington
Non-Payment of Rent
If a tenant fails to pay rent by the due date as stipulated in the lease agreement, a landlord may issue a 14-day notice to pay. This notice must be served in order for the landlord to be able to take legal action in court. In this notice, it must be stated that the tenant has 14 days to issue the payment of rent or vacate the property. By the end of the 14-day period, if the landlord has not received payment and the tenant is still living on the premises, legal action may be taken.
Violation of the Lease
There are two possible paths a landlord may take if the tenant violates the lease agreement: a 10-day or 30-day notice to comply for curable violations or a 3-day notice to quit for non-curable violations.
Curable Violations
Curable violations are violations of the lease or rental agreements that can be fixed.
A 10-day notice to comply gives the tenant 10 days to fix the violation or vacate the property. Typically, 10-day notices are given to violations that include minor damages to the property, exceeding the number of individuals living on the property, or violating a no-pet policy.
A 30-day notice to comply gives the tenant 30 days to fix the violation or vacate the property. This notice is given when the violation puts the tenant’s own health and safety or other tenants’ health and safety at risk.
Non-Curable Violations
Non-curable violations usually include criminal activity, nuisances, and unlawful business on the property. A 3-day notice to quit is issued. This issue does not allow the tenant to correct the violation and requires them to vacate the property by the date listed on the notice.
While a 3-day notice may be issued if the landlord witnesses criminal activity, a notice is not necessary in order for the landlord to exercise their right and evict the tenant. A notice is not needed for illegal activities including drug activity, physical assault, gang-related activity, or unlawful use of a firearm or deadly weapon.
No Lease or End of Lease
Tenants continuing to stay on the property past their lease expiration date is known as “holdover”. Landlords must give the tenants at least a 20-day written notice prior to evicting them. If the tenant is still on the property after the 20-day notice period, legal action may be taken.
Filing a Complaint
Once a notice has been served and if the tenant is still on the property past the notice period, landlords may file a complaint to the Superior Court in their county. Typically, there is a filing fee. This fee is dependent on the county the complaint is filed in. A summons to court will be served to the tenant prior to the hearing.
Tenant Answer to the Complaint
In the state of Washington, the tenant must file an answer addressing the complaint. The answer must be filed within 30 days after the complaint is served.
Related: What Happens If Someone Gets Injured On Your Property
Court Proceedings
Once the court receives the tenant’s written answer, a court hearing will take place. There is no set timeframe for the court to issue a judgment. A writ of restitution will be issued if the judge rules in favor of the landlord.
Writ of Restitution
A writ of restitution is the final notice of eviction issued to the tenant. This is the final notice before the tenant will be forcibly evicted from the property.
Return of Property
If the tenant is evicted due to failure to pay rent, they have five days to vacate the property following the writ of restitution.
If the tenant is evicted due to all other eviction reasons, they have three days to vacate the property following the writ of restitution.
If the tenant fails to vacate, they will be forcibly evicted.
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