Legal Templates

Washington Eviction Process

Updated June 11, 2024

Sara Hostelley

Written by Sara Hostelley

Reviewed by Susan Chai, Esq.

Navigate the Washington eviction process seamlessly by learning the vital steps. It begins with the landlord providing notice. Then, the landlord proceeds to file a lawsuit and obtain a judgment and Writ of Restitution, allowing for the tenant's removal. The eviction process takes approximately one month.

How to Evict a Tenant in Washington

Washington Eviction Process

Step 1 – Send a Notice to Comply

The first step of the eviction process is notifying the tenant of your intent to evict. The notice details and timeframe differ depending on the reason for the eviction. For certain lease violations, you may give the tenant the option to comply before you begin the eviction process.

Your eviction notice should include the following information:

  • Tenant’s name
  • Address of the rental property
  • Amount owed for past-due rent, if applicable
  • Lease violation
  • Actions tenant can take to correct the violation
  • Time frame to correct or vacate the property
  • Legal steps you will take if the tenant does not comply

You should serve the notice to the tenant by hand. If you cannot locate the tenant, you may also serve the notice by handing it to someone on the property who is of a suitable age.

Step 2 – File a Complaint

If the tenant doesn’t correct the violation or leave the property, you can begin the formal eviction process. Fill out an official complaint and submit it to the superior court in the appropriate county. The complaint must include:

  • The reason for requesting the eviction
  • A property description
  • The amount of compensation for damages to the premises
  • The amount of unpaid rent

Details for the summons form are under Wash. Rev. Code § 59.18.365.

Step 3 – Serve the Eviction on the Tenant

Upon filing the eviction lawsuit with the Superior Court, you must serve the summons and complaint. You can use any of the following methods, per Wash. Rev. Code § 59.12.040:

  • In-person service: You or a process server hands the summons and complaint to the tenant directly.
  • Service by substitute: You or a process server can give the summons and complaint to someone at the tenant’s residence who is a suitable age.
  • Service by mail: You or a process server can mail the documents to the tenant through first-class mail as long as you also serve copies in person to someone who lives at the tenant’s mailing address.

Timeline

The tenant must respond to the summons and complaint within seven to 30 days.

Step 4 – Compile Evidence and Attend the Eviction Trial

The tenant has a legal right to answer the summons within seven days and defend their right to remain on the property. They may attempt to negotiate a resolution with the landlord. If they don’t respond to the lawsuit or appear in court, the judge may issue a summary judgment advising them to vacate the premises and pay damages, including attorneys’ fees.

If the tenant prevails in the eviction trial, they can remain on the property until the lease terminates. They still must pay rent and meet all other terms of the lease.

If the landlord wins, the judge will demand the tenant vacate the property within a set time frame.

Timeline

The court hearing and judgment may take a few days to a few weeks to finish.

Step 5 – Recover Possession of the Property

When a landlord wins an eviction suit, the tenant should leave within the time allotted by the judge’s order. If they do not quit the premises, you can request a Writ of Restitution, per Wash. Rev. Code § 59.12.090.

A Writ of Restitution grants the landlord permission to remove the tenant from the premises with the assistance of a sheriff, detective, constable, or other peace officer. Typically, the Writ will give the tenant three days to leave the property.

If the tenant still doesn’t leave, the sheriff will physically remove the tenant and their belongings from the premises. The landlord is responsible for arranging to remove the tenant’s belongings by hiring a moving crew or renting equipment.

Eviction Reasons

To evict a tenant, the landlord must have reasonable grounds. Without cause, the landlord must allow the tenant to remain on the premises through the end of the lease agreement. A landlord in Washington may decide to evict a tenant for several reasons, including:

  • Tenant’s failure to pay rent
  • Tenant violations of the lease agreement
  • Destructive or illegal activity by the tenant or the tenant’s guests
  • Landlord’s sale of the rental property
  • Landlord’s intention to occupy or have a family member occupy the residence
  • Termination of lease agreement
  • Failure to renew the lease
  • Conversion from apartments to condominiums (Wash. Rev. Code § 64.90.655)
  • Repairs for health and safety reasons that the landlord can’t perform with the tenant living in the residence

While a landlord can evict a tenant for certain violations, federal and state laws prohibit discriminatory or retaliatory actions. The federal Fair Housing Act (42 USC Ch. 45) offers tenants protection from eviction, rent increases, or other housing service limitations based on the following protected categories:

  • Race and ethnicity
  • National origin
  • Sexual orientation and gender identity
  • Religious affiliation
  • Familial status, including children
  • Disability or handicap

Additionally, Wash. Rev. Code § 59.18.240 states that a landlord cannot retaliate against a tenant by raising rent, filing for eviction, increasing tenant obligations, or limiting services. Per Wash. Rev. Code § 59.18.250, such actions may be retaliatory if they occur within 90 days of the tenant asserting their legal rights or reporting the landlord to authorities for health and safety issues.

Evictions in Washington may fall under at-fault and no-fault categories.

At-Fault Evictions

At-fault evictions refer to evictions that arise due to tenant actions or inactions in violation of the lease agreement. Nonpayment of rent is a common cause of at-fault evictions in Washington. Other examples include illegal activity, disruptive behavior, and keeping prohibited pets on the premises.

Different types of at-fault evictions have different requirements and notice deadlines. The following are the most common notices used for Washington at-fault evictions.

1. Notice to Pay or Vacate

Overview:

  • Administer this notice when the tenant doesn’t pay rent by the due date.
  • It provides 14 days’ notice for the tenant to pay the amount they owe or leave.
  • If the tenant pays the rent within 14 days, they can continue living on the property.
  • The 14-day deadline includes weekends and holidays.
  • Wash. Rev. Code § 59.12.030(3) lists the terms for notice of nonpayment of rent.

2. Notice to Comply or Vacate

Overview:

  • Use this notice when the tenant materially breaches the lease.
  • Lease violations may include smoking where prohibited, keeping unpermitted pets, damaging the rental property, subletting, or permitting more people to live on the property than the lease allows.
  • It allows the tenant ten days’ notice to correct the lease violation or be evicted.
  • The ten-day deadline includes weekends and holidays.
  • Wash. Rev. Code § 59.12.030(4) lists the terms for notice of noncompliance.

3. Notice to Vacate for Nuisance or Illegal Acts

Overview:

  • Use this notice when the tenant is performing unlawful business, creating a nuisance, or otherwise risking the health and safety of others.
  • It gives the tenant three days’ unconditional notice to quit.
  • The deadline includes weekends and holidays.
  • Wash. Rev. Code § 59.12.030(5) lists the terms for notice for disruptive acts.

Illegal Activities

If the tenant engages in illegal or dangerous activities, the landlord can immediately file for eviction immediately with no notice.

No-Fault Evictions

A no-fault eviction typically arises when the lease term is ending, and the landlord no longer wishes to rent the premises. A landlord cannot evict the tenant during their tenancy without good cause. However, you can evict them if they remain after the end of the lease term if they have not renewed the lease agreement.

No-fault evictions are also valid when terminating a month-to-month, periodic, or indefinite lease agreement.

1. Notice to Vacate to End a Month-to-Month Tenancy

Overview:

  • Use this notice to end a month-to-month tenancy without cause.
  • It gives the tenant 20 days’ notice to vacate the property.
  • The 20-day notice period includes weekends and holidays.
  • Wash. Rev. Code § 59.18.650(f) outlines the terms for a 20-day notice when the tenant wants to end a tenancy.

2. Notice to Vacate to End a Tenancy for Property Use Changes

Overview:

  • Use this notice to end a tenancy for a more specific reason, such as changing the property use or performing renovations.
  • It notifies the tenant to vacate the premises by a certain date.
  • The 60 days’ notice includes weekends and holidays.
  • It doesn’t end the rental agreement early; it just gives notice 60 days in advance that you won’t be renewing the agreement.
  • Wash. Rev. Code § 59.18.650(1)(c)(ii) provides the terms for a 60-day notice to vacate.

Eviction Timeline

ReasonCurableLease TypeDurationNotice Period
End of LeaseNoNo leaseIndefinite20 days
End of LeaseNoFixed termAny60 days or 20 days if initiated by the tenant
End of LeaseNoMonthlyMonth-to-month20 days
Overdue RentYesAnyAny14 days
Lease ViolationYesAnyAny10 days
NuisanceNoAnyAny3 days
Illegal ActivityNoAnyAnyImmediate

Tenant Rights in Washington

Self-Help Evictions

To avoid legal liability, landlords should strictly follow the eviction notice process. Per Wash. Rev. Code § 59.18.290 and 59.18.300, a landlord may not:

  • Exclude the tenant from the premises.
  • Interrupt the tenant’s utility services, including water, heat, gas, or electricity.
  • Take the tenant’s property off the premises without a court order or Writ of Restitution.

A landlord who takes action to remove the tenant or their belongings from the property by performing a self-help eviction may face legal action.

Abandoned Property

According to Wash. Rev. Code § 59.18.312, the landlord can take possession and store any property the tenant leaves following the execution of the Writ of Restitution. The tenant can serve a written request for the landlord to store the property within three days of receiving the Writ of Restitution. If the landlord does not receive a written request and they do not elect to store the property for the tenant, they must deposit it upon the nearest public property.

The landlord can return any personal belongings they stored for the tenant when the tenant pays reasonable moving and storage costs. If the tenant doesn’t claim their belongings, the landlord can sell the tenant’s belongings under these conditions:

  • For property with a cumulative value over $250: The landlord must issue written notice that they will sell the property in 30 days. The landlord can get rid of or sell the property, including keepsakes, family pictures, and personal papers, if the tenant doesn’t claim their belongings within that period.
  • For property with a cumulative value under $250: The landlord must deliver written notice that they will sell the property in seven days. The landlord can get rid of or sell the property, not including keepsakes, family pictures, and personal papers, if the tenant doesn’t claim their belongings.

The landlord can use any income from selling the tenant’s belongings to defray storage and moving costs. The landlord must hold any remaining income from the sale on the tenant’s behalf for at least one year. If the tenant doesn’t claim the money in time, the landlord must deposit it with the Department of Revenue, per Wash. Rev. Code § 63.30.

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