Washington 10 Day Notice To Comply or Vacate

Last Updated: August 1, 2024 by Roberto Valenzuela

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.

Federal CARES Act Protections in Washington

Like some other states, Washington courts have held that many properties are federally entitled to a minimum 30 days of advance notice before a landlord can file for eviction. This minimum applies to residential property covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, even after the act’s other protections have expired.

Washington courts have conflicting standards on when the 30-day requirement applies. CARES Act properties in Appellate Division I only require 30 days of notice for nonpayment of rent. Division II requires 30 days of notice for ALL CARES property evictions. Division III has not established a clear standard as of 2024, and requirements may differ by county.

note
This map shows which Washington counties are governed by which appellate division. When in doubt, a 30 day notice is always the legally safer option.

How To Write a Washington 10 Day Notice To Comply or Vacate

To ensure the legal compliance of a Notice To Comply or Vacate:

  1. Use the full name of the receiving party, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis for terminating the tenancy, and the corrective action(s) required to avoid termination
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. 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:

    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.

    note
    In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

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