In Washington, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Washington?
In Washington, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Washington?
In Washington, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 14 Day Notice to Quit, the eviction notice used for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in Washington, rent is late starting the day after it’s due.
An Immediate Notice to Vacate is the eviction notice used for tenants that commit illegal activity on the premises. A landlord may choose to serve this notice on a judicial day, so they can go to the courthouse and begin eviction proceedings on the same day, but this is not required by law.
Acceptable Forms of Service in Washington
Washington landlords may deliver an eviction notice using any of these methods:
- Hand delivery to the tenant
- Only if the tenant is unavailable: Hand delivery to a person of suitable age who can accept the notice on behalf of the tenant, PLUS delivery by mail
- Only if the above forms of hand delivery are not possible: Posting the notice in a conspicuous place on the premises, PLUS delivery by mail, PLUS (if available) leaving a copy of the notice with a resident at the premises
- Service by electronic means, ONLY when this method of notice has been consented to for this purpose, in writing, by the receiving party
Electronic service is not effective if the delivering party has reason to believe the receiving party did not receive the notice (such as an email that returns as undeliverable). Mailed notice extends the notice period by (1) calendar day, to account for variable delivery times.
Obtaining Proof of Service in Washington
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery.
- Certified or Registered Mail – via return receipt and by completing a Declaration of Service.
- Posting at the Premises – by taking a photograph at the time of delivery and by completing a Declaration of Service.
- Email / Online Tenant Portal – via electronic record and by completing a Declaration of Service.
Washington Eviction & Lease Termination Notice Forms
| Notice Form | Grounds |
| 14 Day Notice To Quit | Eviction for Unpaid Rent |
| 10 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 30 Day Notice To Comply or Vacate | Eviction for Health / Safety Issue
Minor Property Damage |
| 3 Day Notice To Vacate | Eviction for Substantial Property Damage
Eviction for Disturbing the Peace |
| Immediate Notice To Vacate | Eviction for Illegal Activity |
| 20 Day Notice To Quit | Eviction for Unwanted Sexual Advances |
| 30 Day Notice To Quit | Eviction for Overstayed Lease
Eviction for Falsification of Rental Application |
| 60 Day Notice of Termination | Eviction for Multiple Lease Violations |
| 60 Day Notice To Quit | Eviction for Failure to Disclose Sex Offender Status
Eviction for Failure to Register as Sex Offender |
| 20 Day Notice To Vacate | Ending a Periodic or Fixed Term Lease
Ending a Shared Dwelling Tenancy |
| 30 Day Notice To Vacate | Rental Unit Uninhabitable
Tenant Refused to Sign New Lease |
| 60 Day Notice To Vacate | Landlord Financial / Business Reason |
| 60 Day Notice To Terminate Tenancy | Ending a Fixed Term Lease
(Without Cause) |
| 90 Day Notice To Vacate | Sale of Rental Property
Landlord / Owner Personal Use Landlord Change of Policy |
| 120 Day Notice To Vacate | Demolition
Substantial Rehabilitation Condo Conversion |
Sources
- 1 Wash. Rev. Code § 59.12.040
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Any notice provided for in this chapter shall be served either (1) by delivering a copy personally to the person entitled thereto; or (2) if he or she be absent from the premises unlawfully held, by leaving there a copy, with some person of suitable age and discretion, and sending a copy through the mail addressed to the person entitled thereto at his or her place of residence; or (3) if the person to be notified be a tenant, or an unlawful holder of premises, and his or her place of residence is not known, or if a person of suitable age and discretion there cannot be found then by affixing a copy of the notice in a conspicuous place on the premises unlawfully held, and also delivering a copy to a person there residing, if such a person can be found, and also sending a copy through the mail addressed to the tenant, or unlawful occupant, at the place where the premises unlawfully held are situated.
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When a copy of notice is sent through the mail, as provided in this section, service shall be deemed complete when such copy is deposited in the United States mail in the county in which the property is situated properly addressed with postage prepaid: PROVIDED, HOWEVER, That when service is made by mail one additional day shall be allowed before the commencement of an action based upon such notice.
Source Link - 2 Wash. Sup. Ct. Civ. R. CR 5(b)(7)
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Service under this rule may be made by delivering a copy by any other means, including facsimile or electronic means, consented to in writing by the person served or as authorized under local court rule. Service by facsimile or electronic means is complete on transmission when made prior to 5:00 p.m. on a judicial day. Service made on a Saturday, Sunday, holiday, or after 5:00 p.m. on any other day shall be deemed complete at 9:00 a.m. on the first judicial day thereafter. Service by other consented means is complete when the person making service delivers the copy to the agency designated to make delivery. Service under this subsection is not effective if the party making service learns that the attempted service did not reach the person to be served.
Source Link
