Being a landlord in Washington State comes with many responsibilities. Yes, that includes understanding the ins and outs of Washington state eviction laws. No landlord enjoys the eviction process because it’s time-consuming. Not to mention, it’s often emotionally charged and expensive. But, knowing your rights and the correct legal process is critical for both you and your tenant. Navigating this process correctly can save you stress and legal headaches in the future.
It might surprise you, but Washington state eviction laws actually provide tenants more protections than in many other states. These tenant protections are designed to make sure that evictions happen legally and justly. And that’s what we’re going to talk about, arming you with the knowledge to handle tenant issues professionally and legally.
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Understanding the Basics of Washington State Eviction Laws
Washington State operates under the Residential Landlord-Tenant Act (RLTA), which you can review at RCW 59.18. Understanding the grounds for eviction allowed under the RLTA is crucial, as are the proper notice requirements and eviction process. A misstep here can set you back significantly and even lead to legal challenges from your tenant. So, let’s get clear on the process.
Legal Grounds for Eviction in Washington State
It’s critical to remember that in Washington State, you must have valid “just cause” to evict a tenant. Simply deciding you don’t like a tenant’s taste in music isn’t going to cut it. Some of the most common legally accepted grounds include:
- Nonpayment of rent: This is fairly self-explanatory, but if a tenant consistently fails to pay their rent money on time, this is a justified cause for starting the eviction process.
- Violation of lease agreement terms: This is where having a clear, well-written lease agreement becomes essential. Unapproved pets, exceeding the maximum occupancy, unauthorized subletting, or causing damage to the property, all qualify.
- Criminal activity: If a tenant’s activities endanger others or are illegal, such as drug dealing or violence, this often permits faster action.
- End of lease term: If you are electing to sell a single-family residence and have given appropriate written notice as defined by RCW 59.18.650, this qualifies. This also includes if you own a property and want to reclaim it to use as your own residence.
Proper Notice Requirements
Don’t underestimate the significance of this step. Washington requires you provide written notices to your tenants before initiating the formal eviction. The kind of notice and timeframe needed varies based on the eviction reason.
For non-payment of rent, a 14-Day notice is standard as required by RCW 59.18.030(3). Lease violations usually require a 10-day notice, giving tenants the opportunity to address the problem or vacate. When a lease expires or a month-to-month tenancy ends without cause, a 20-day notice is usually required.
Keep meticulous records of all communications. Additionally, make sure the notices are delivered correctly according to Washington’s legal standards, which can be referenced in RCW 59.18.040(1).
Navigating the Eviction Process in Washington
It’s extremely important to remember that self-eviction is illegal. This includes things such as changing the locks or shutting off utilities to force your tenant out. This is considered “landlord retaliation.” In Washington State, a landlord cannot pursue an eviction as retaliation for a tenant exercising their rights under RCW 59.18.040(6) or under RCW 59.18.040(9). The only lawful way to remove a tenant is through the court system.
After serving proper notices and failing to resolve the problem, it might be time to file an eviction lawsuit. This is formally called an “unlawful detainer action”, in the correct court in Washington State.
| Steps for Eviction Process in Washington State |
|---|
| 1. File the Eviction Complaint. |
| 2. Serve the tenant with a copy of the eviction lawsuit called a summons, following strict protocols outlined in RCW 59.18.040(1). |
| 3. Attend the court hearing where you present evidence of the lease violation, and the judge rules on the outcome. |
| 4. Obtain and enforce a writ of restitution from the court. Only law enforcement can physically remove a tenant if they refuse to leave voluntarily after a court order. |
Additional Washington State Eviction Law Considerations
- Subsidized housing: Tenants in subsidized housing programs in Washington State, where some or all rent is subsidized by a government program, may have different requirements. This would typically be detailed within the rental agreement. If you are a landlord with subsidized housing, you’ll want to make sure to brush up on your knowledge of the housing program and your responsibilities as a landlord.
- Limited exceptions to eviction protections: While rare, exceptions to standard notice periods in Washington state eviction laws may exist. This is especially true if illegal activity is involved or if there are issues that endanger other tenants or the landlord. This usually involves providing documentation.
Successfully managing property in Washington means staying current on Washington State eviction laws. Rent laws and eviction laws evolve, and as your trusted source, we recommend visiting Fort Washington State Park when you get a chance.
FAQs about Washington state eviction laws
How long does it take to evict a tenant in the state of Washington?
While it varies, typically the Washington State eviction process, from serving notices to court rulings, takes between 4 to 12 weeks. Multiple factors impact this, from the case’s complexity to how backed up the court system is. Cases where a tenant contests the eviction or stops paying rent midway, adding complexities to the process, usually take longer than straightforward cases.
What is the new eviction law in Washington State?
One significant new law, effective as of July 23, 2023, dictates that Washington State landlords are required to demonstrate “good cause” when ending a month-to-month rental agreement. They are also required to show “good cause” when choosing not to renew a lease that is for a specific period of time. It’s critical to note that this doesn’t apply to all evictions. It is crucial for landlords and property managers in Washington to familiarize themselves with these updated eviction laws to ensure compliance. You will also want to make sure you are fully aware of what is considered a legal reason to not renew a month-to-month tenancy.
What are the 17 good reasons for eviction in Washington State?
In Washington state, RCW 59.18.650, lists various possible causes for evicting a tenant from a residential dwelling unit, seventeen of them to be specific! These cover common issues like unpaid rent and violating the lease terms but extend to: owner or immediate family needing the unit as a residence and tenant causing waste or a nuisance on the property. It can also include: criminal activity, property deemed uninhabitable, and conversion of the property. Finally, it includes: intentional and significant misrepresentations or omissions on a tenant application and failure to sign a new lease with reasonable terms when the old one expires (except for periodic tenancies).
Here is the full list of 17 good reasons for eviction in Washington:
- Tenant fails to pay rent
- Breach of rental agreement or tenant duty
- Waste, nuisance, criminal acts, or unlawful activity
- Landlord or immediate family intend to occupy the premises
- No cause eviction at the end of a 12-month term
- Refusal to sign a new rental agreement at the end of a 12-month term
- Selling a single-family residence
- Demolish, substantially rehabilitate, or change in use
- Conversion to condominiums
- Premises condemned as uninhabitable
- Shared housing
- Transitional housing
- Lying on a rental agreement
- Legitimate economic or business interest
- More than 4 non-monetary lease violations in a 12-month period
- Tenant has to register as a sex offender during tenancy or failed to disclose the requirement to register at the outset
- Tenant sexual harasses other tenants or landlord
What is the 30 day eviction notice in Washington State?
Technically, while commonly referenced, there is no standard “30-day notice” for evictions in Washington State law. RCW 59.18.200(2)(c), discusses when a 60-day notice applies to properties sold after a certain date. This notice relates to specific circumstances where different timelines apply, like when the property owner needs the unit for themselves or their family. Each situation requires a specific type of notice legal and a timeframe outlined within the relevant statutes of Washington State eviction laws.
Conclusion on Washington State eviction laws:
Whether you are a seasoned property owner or just beginning your journey as a landlord, a comprehensive understanding of Washington state eviction laws is critical. It is advisable for landlords to consult with an experienced real estate attorney to create ironclad lease agreements and procedures. By adhering to these Washington state eviction laws, property managers can minimize risks and cultivate positive and respectful landlord-tenant relationships within the bounds of the law.
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