Washington Eviction Process for Landlords

To evict in Washington, you need one of the just causes listed in RCW 59.18.650, the written notice that cause requires, a court judgment in an unlawful detainer case (an eviction lawsuit), and a writ of restitution (a court order authorizing the sheriff to return possession to you). For unpaid rent you serve a 14-day pay or vacate notice, or a clear 30-day notice for CARES Act-covered rentals; for other lease violations, a 10-day notice to comply or vacate. A tenant who pays the rent owed plus costs before judgment, or within 5 court days after it, has the right to stay.

What counts as just cause, and how much notice each needs

Since 2021, Washington landlords cannot evict, refuse to continue a tenancy, or end a month-to-month tenancy without one of the causes in RCW 59.18.650. These are the grounds small landlords use most:

For the repeat-violation ground, each warning must identify the breach, give an opportunity to correct it, and state that four violations within the 12 months before the term ends can end the tenancy even if the fourth or later violation is corrected. Serve the final 60-day notice with or after the fourth warning; include the supporting facts and all supporting notices.

The no-fault causes carry conditions. If you claim owner move-in, the law presumes bad faith unless you or your family live in the unit for at least 60 consecutive days during the 90 days after the tenant leaves. If you claim a sale, you must list the home at a reasonable price within 30 days after the tenant leaves. On the economic-reason ground, the court can delay the eviction up to 60 more days for a tenant who keeps paying rent. Owner move-in, sale, and demolition or rehabilitation causes cannot end a fixed-term lease early unless the tenant agrees in writing and gets at least 60 days to move.

Ending a lease without cause. For a lease whose terms do not provide for automatic month-to-month or other periodic continuation, you can let it expire without cause only if the tenancy began with a lease of 12 months or more (or continuous back-to-back leases of 6 months or more), has never been month-to-month or otherwise periodic, and you give at least 60 days' written notice before the end date. If the first lease runs 6 to 12 months and provides for month-to-month or other periodic continuation, you can end it without cause only at the end of that first term, with at least 60 days' written notice served before it expires. Once it becomes month-to-month, that exception no longer applies. Otherwise, a lease that ends becomes month-to-month and needs a just cause to end.

Evicting without a valid cause makes you liable for the greater of the tenant's damages or three times the monthly rent, plus attorney's fees.

How to write and serve the notice

• Check federal coverage before using the state's form. Rentals covered by the CARES Act include properties with federally backed mortgages or qualifying federal housing assistance. Under Sherwood Auburn v. Pinzon, give these tenants a clear 30-day notice to pay or vacate and wait for it to expire before filing; a conflicting 14-day deadline is insufficient. For rentals outside that coverage, use the 14-day form in RCW 59.18.057. It lists rent, utilities, and other recurring charges by month, and it includes the tenant's right to appointed counsel, the Eviction Defense Screening Line (855-657-8387), and dispute resolution centers. The Attorney General's office posts the form in several languages. Late fees are not on the form, and payments the tenant makes must go first to the amount on the notice.
• State the facts for any other cause. Every just cause notice must name the date the tenant must comply or vacate and describe the facts behind the cause specifically enough for the tenant to prepare a defense.
• Serve it correctly. Under RCW 59.12.040, deliver it personally; or leave it with a person of suitable age at the unit and mail a copy; or, if no one suitable is there, post it in a conspicuous place and mail a copy. If you use mail, add 5 days before you can file.
• Accept rental assistance pledges. Before a pay or vacate notice expires, you must accept a government or nonprofit emergency rental assistance pledge covering the full rent owed. After it expires, you must accept a written pledge that contributes toward all rent due, including current rent, and any other amounts required to reinstate the tenancy. After supplying the program with necessary payment information, you must suspend court action for 14 court days.

Court steps: summons, show cause hearing, and appointed counsel

1. File in superior court. File an unlawful detainer complaint in the superior court for the county where the rental sits, and serve the tenant with the summons and complaint.
2. Ask for an order to show cause. The court sets a show cause hearing, where the tenant can raise defenses. If you prove your right to possession, the court enters judgment and orders a writ of restitution.
3. Expect a lawyer on the other side. State law gives qualifying low-income tenants the right to ask for a court-appointed lawyer at no cost, which is why the 14-day form lists the screening line.
4. Know what you can recover. A judgment can include rent due, damages, and late fees of no more than $75 in total. The court cannot award you attorney's fees if the tenant defaulted or if the rent awarded is no more than two months' rent or $1,200, whichever is greater.

The tenant's right to pay and reinstate

In a nonpayment case, the tenant can reinstate the tenancy by paying the rent due, court costs, late fees up to $75, and any attorney's fees awarded. The deadline is before judgment or within 5 court days after it. If the tenant has a pledge letter from a government or nonprofit rental assistance program, the deadline extends to the eviction date. Each earlier post-judgment reinstatement in the past 12 months adds $50 to the amount.

Even after the 5 court days pass, the court can stay the writ (pause the sheriff's eviction) for up to 90 days on a payment plan if the tenant shows good cause. The tenant must pay one month's rent within 5 court days of the order and keep current on rent. A tenant served with three or more pay-or-vacate notices in the 12 months before this one cannot get a payment plan, unless the court finds an earlier notice invalid. State law allows the court to find you eligible for reimbursement through the Tenancy Preservation Program if the tenant is low-income or facing hardship, but Commerce lists new applications as paused since June 15, 2023, because of insufficient funding.

The writ of restitution and eviction day

The sheriff serves the writ on the tenant and cannot carry it out until 3 days later. After the writ issues, taking a partial payment does not stop the eviction unless you and the tenant sign a written agreement and the tenant gives it to the sheriff.

When the sheriff carries out the writ, you take charge of anything the tenant left behind:

• You must store the property if the tenant serves a written storage request within 3 days after the writ is served. You give the sheriff a request form to serve with the writ.
• Without a request, you can store the property or place it on the nearest public property, unless the tenant objects to storage.
• To sell stored property worth more than $250 in total, mail or deliver a notice of sale and wait 30 days. For property worth $250 or less, wait 7 days, and do not sell or throw out personal papers, family pictures, or keepsakes.

See how to handle personal property abandoned by a tenant for property left after a move-out without a writ.

Lockouts and utility shutoffs

RCW 59.18.290 makes it unlawful to remove or exclude a tenant without a court order. A tenant who is locked out can recover possession or end the rental agreement, plus actual damages, and the winning side recovers attorney's fees. Under RCW 59.18.300, intentionally cutting off water, heat, electricity, or gas adds liability of up to $100 for each day the tenant goes without service, except for reasonable interruptions to make repairs.

Seattle and some other cities add their own eviction rules on top of state law, so check your city's code before serving notice. Before you file, also review Washington maintenance and repair obligations for unresolved repair requests, and if the dispute follows a rent increase, confirm the increase met Washington rent increase rules. After the tenant leaves, apply Washington security deposit laws to the deposit. For a general overview of court eviction steps, see the steps for eviction proceedings.