A Washington 10 Day Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for non-monetary lease violations, such as allowing unauthorized occupants to reside on the premises. The tenant must take appropriate corrective action or move out within ten (10) calendar days of receiving notice.
When to Use a Washington 10 Day Notice to Comply or Vacate
A Washington 10 Day Notice To Comply or Vacate begins the eviction process for the following tenant violations:
- Refusal to allow the landlord lawful access to the premises
- Occupancy violations
- Violation of the covenant not to assign or sublet the premises
- Other lease violations that do not include monetary damages
Some types of Washington lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Washington 10 Day Notice To Comply or Vacate
To ensure the legal compliance of a Notice To Comply or Vacate:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy, and the corrective action(s) required to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Washington 10 Day Notice To Comply or Vacate
Washington landlords may deliver a Notice To Vacate 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.
Sources
- 1 WA Rev Code § 59.12.030
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When he or she continues in possession in person or by subtenant after a neglect or failure to keep or perform any condition or covenant of the lease or agreement under which the property is held, including any covenant not to assign or sublet, other than one for the payment of rent, and after notice in writing requiring in the alternative the performance of such condition or covenant or the surrender of the property, served (in manner in RCW 59.12.040 provided) upon him or her, and if there is a subtenant in actual possession of the premises, also upon such subtenant, shall remain un-complied with for 10 days after service thereof.
Source Link - 2 RCW 59.18.650(b)
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The tenant continues in possession after substantial breach of a material program requirement of subsidized housing, material term subscribed to by the tenant within the lease or rental agreement, or a tenant obligation imposed by law, other than one for monetary damages, and after the landlord has served written notice specifying the acts or omissions constituting the breach and requiring, in the alternative, that the breach be remedied or the rental agreement will end, and the breach has not been adequately remedied by the date specified in the notice, which date must be at least 10 days after service of the notice.
Source Link - 3 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 - 4 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
