Washington Eviction Process

Washington Eviction Process

Last Updated: March 5, 2024 by Roberto Valenzuela

Evicting a tenant in Washington can take about 1 to 3 months, depending on the reason for the eviction. If tenants file an answer or request a jury trial, the process can take longer.

Grounds for an Eviction in Washington

In Washington, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:

  • Not paying rent on time
  • Staying after the lease ends
  • Lease violations

Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.

Grounds Notice Period Curable?
Nonpayment of Rent 14 Days Maybe
End of Lease or No Lease 20 Days No
Lease Violation 3 Days or 10 Days Maybe

Nonpayment of Rent

In Washington, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 14 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.

Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Washington the day immediately after its due date. Washington landlords are not required to give tenants a rent payment grace period.

example

If rent is due on February 1st, it will be considered late starting on February 2nd, unless the lease specifically states there is a longer grace period.

Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.

End of Lease or No Lease

In Washington, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, they must first terminate the tenancy by giving a proper 20 days’ notice to move out.

Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.

Lease Violations

In Washington, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Washington landlord-tenant law. Some violations allow the tenant to cure the issue to avoid removal, while other violations do not allow the tenant to cure the issue and, therefore, must move out.

If the violation is curable, the landlord can provide the tenant with a 10 days’ notice to correct the issue or vacate before proceeding with an eviction.

Examples of curable lease violations:

  • Not maintaining a certain level of cleanliness
  • Removing the appliances without the landlord’s permission
  • Not maintaining the smoke detector

If the violation is not curable, the landlord can provide the tenant with a 3 days’ notice to vacate and the tenant does not have the opportunity to fix the issue and must move out immediately.

Examples of incurable violations:

  • Committing waste
  • Causing a nuisance
  • Allowing an unlawful business to operate on the property

    If the tenant remains on the property after the notice period expires, the landlord may proceed with filing an eviction action.

    Landlords are not required to provide prior notice for tenants who are involved in the following types of illegal activity:

    • Illegal drug activity
    • Physical assault that results in an arrest
    • Unlawful use of firearm or deadly weapon that results in an arrest
    • Gang-related activity

    In these instances, a landlord may immediately proceed with filing an eviction action with the court.

    Illegal Evictions in Washington

    In Washington, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay the tenant actual damages sustained.

    “Self-Help” Evictions

    No matter the situation, a landlord is not allowed to forcibly remove a tenant by:

    • Changing the locks
    • Shutting off utilities
    • Removing tenant belongings

    A tenant can only be legally removed with a court order obtained through the formal eviction process.

    Retaliatory Evictions

    It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:

    • Complaining about habitability issues to the landlord or any authority tasked to enforce the law
    • Filing a complaint to a government authority
    • Pursuing a legal right to remedy habitability issues

    Read More

    Eviction notice posted on iPropertyManagement.com

    In Washington, all evictions follow the same process:

    1. Landlord serves tenant written notice of violations
    2. Landlord files complaint with court for unresolved issues
    3. Answer is filed
    4. Court holds hearing  and issues judgment
    5. Writ of restitution is issued
    6. Possession of property is returned to landlord

    Step 1: Landlord Serves Notice to Tenant

    A landlord can begin the eviction process in Washington by serving the tenant with written notice. The notice must be delivered by one of the following methods:

      1. Hand delivery to the tenant
      2. 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
      3. 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
      4. 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.

      tip

      Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.

      14-Day Notice to Pay Rent or Quit

      If a tenant is late on paying rent (full or partial) in Washington, the landlord can serve them a 14-Day Notice to Pay or Quit. This notice gives the tenant 14 days to pay the entire remaining balance or vacate the premises.

      20-Day Notice to Quit

      For a tenant with no lease or a month-to-month lease in Washington, the landlord must serve them a 20-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 20 days to move out.

      For tenants that don’t pay monthly, the amount of notice does not change.

      10-Day Notice to Cure or Vacate

      In Washington, if a tenant commits a minor violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 10-Day Notice to Cure or Vacate. This eviction notice gives the tenant 10 days to fix the issue or move out.

      3-Day Notice to Quit

      In Washington, if a tenant commits waste, causes a nuisance or practices an unlawful business on the property, the landlord can serve them a 3-Day Notice to Quit. This eviction notice gives the tenant 3 days to move out without the chance to fix the issue.

      Note, if a tenant is involved with illegal drug or gang-related activity, physical assault, or uses a firearm or deadly weapon unlawfully the landlord can file for an eviction immediately.

      Eviction Complaint Filed on iPropertyManagement.com

      Step 2: Landlord Files Lawsuit with Court

      As the next step in the eviction process, Washington landlords must file a complaint in the appropriate Superior Court. In Clark County, this costs $197 in filing fees split into two payments. The second payment is due after the tenant files their answer or an Order to Show Cause is requested by the landlord.

      The summons and complaint must be served on the tenant by the sheriff, sheriff’s deputy, or anyone over the age of 18 who isn’t part of the case and competent to be a witness to the service, by giving a copy to the tenant in person or leaving a copy with someone of “suitable age” who resides in the rental unit

      If after reasonable effort and due diligence, the summons cannot be personally delivered, the court may authorize the following methods:

      1. Posting a copy in a conspicuous place on the premises, not less than nine days from the return date stated in the summons
      2. Mailing a copy through regular and certified mail to the tenant’s last known address not less than nine days from the return date stated in the summons

      Washington state law doesn’t indicate how quickly the summons and complaint must be served after the complaint is filed, but they must be served prior to the hearing.

      Eviction Answer Filed on iPropertyManagement.com

      Step 3: Answer is Filed

      In Washington, tenants must file a written response, or answer, to the landlord’s complaint. The summons will list the date by which the answer must be filed.

      This will typically be 7-30 days after the summons was issued. The court date for the eviction hearing is usually assigned after the tenant’s answer is received by the court.

      If the tenant fails to file an answer, the judicial officer will issue a default judgment in favor of the landlord, meaning the tenant will be required to move out without having the opportunity to attend a court hearing.

      Eviction Court Hearing on iPropertyManagement.com

      Step 4: Court Holds Hearing and Issues Judgment

      A court hearing is scheduled once the court receives a tenant’s answer. If no answer is received, a default judgment in favor of the landlord will be issued.

      There is no timeframe in Washington state laws indicating how quickly after a complaint is filed, summons is issued, or answer is filed, that a hearing must be held. It will depend upon the local trial calendar and judicial officer’s trial schedule in each Superior Court location.

      If the tenant fails to appear for the hearing, it will not be continued, and the judge will rule in favor of the landlord. Either the landlord or tenant can request a jury trial, which will add more time to the process.

      If the judge rules in favor of the landlord, a writ of restitution will be issued and the eviction process will proceed.

      Eviction Writ of Restitution on iPropertyManagement.com

      Step 5: Writ of Restitution Is Issued

      The writ of restitution is the tenant’s final notice to leave the rental unit and gives them the opportunity to move out of the rental unit before the sheriff returns to the property to forcibly remove the tenant.

      If the court has ruled in the landlord’s favor, the landlord will ask the Clerk of the Superior Court to issue a writ of restitution. This can be done at the hearing or at a later date.

      The writ shall be served by the sheriff in person, or if the tenant is unable to be found, a copy may be affixed in a conspicuous place on the premises.

      Eviction property possession returned on iPropertyManagement.com

      Step 6: Possession of Property is Returned

      For evictions due to non-payment of rent, the tenant has 5 days to move out once the writ of restitution has been posted.

      For all other evictions, the tenant will only have 3 days to move out once the writ of restitution has been posted.

      In both cases, if tenants remain in the rental unit once the deadline has passed, they will be forcibly removed from the rental unit by law enforcement officers.

      Washington Eviction Process Timeline

      In Washington, an eviction can be completed in 1 to 3 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.

      Below are the parts of the Washington eviction process outside the control of landlords for cases that go uncontested.

      Step Estimated Time
      Initial Notice Period 3-20 Calendar Days
      Court Issuing/Serving Summons ~3 Business Days
      Tenant Response Period 7-30 Calendar Days
      Court Ruling 3-21 Business Days
      Court Serving Writ of Restitution 1-3 Business Days
      Final Notice Period 3-5 Calendar Days

      Flowchart of Washington Eviction Process

      Washington Eviction Process Flowchart on iPropertyManagement.com

      Washington Eviction Court Fees

      The cost of an eviction in Washington for all filing, court, and service fees can vary heavily based on service and execution fees. For cases filed in Superior Court, the average cost is $120.

      Fee Superior
      Initial Court Filing $45
      Summons Service ~$20+
      Answer Filed (Optional) $112
      Writ of Restitution Service $25+
      Writ of Restitution Execution $30+

      Read more

      Sources