A Washington 3 Day Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for public nuisance, substantial property damage, or gang activity. The tenant is not given an opportunity to take corrective action, and must move out within three (3) judicial days (i.e., not counting weekends or legal holidays) of receiving notice.
When To Use a Washington 3 Day Notice To Vacate
A Washington 3 Day Notice To Vacate begins the eviction process for the following tenant violations:
- Unlawful, substantial, or repeated disturbance of the peace and enjoyment of others (nuisance)
- Allowing or causing destruction or damage to the premises (waste)
- Involvement in gang activity
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.
How To Write a Washington 3 Day Notice To Vacate
To ensure the legal compliance of a Notice To 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
- 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 3 Day Notice To 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 § 59.18.650
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The tenant continues in possession after having received at least three days’ advance written notice to quit after he or she commits or permits waste or nuisance upon the premises, unlawful activity that affects the use and enjoyment of the premises, or other substantial or repeated and unreasonable interference with the use and enjoyment of the premises by the landlord or neighbors of the tenant.
Source Link - 2 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 - 3 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 - 4 Sherwood Auburn LLC v. Pinzon, 521 P.3d 212, 220 (Wash. Ct. App. 2022)
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…the plain language of the CARES Act notice provision requires that landlords subject to the act provide a 30-day notice to tenants prior to commencing an unlawful detainer action.
Source Link - 5 KHCA v. Knight, No. 85031-8-I, at 18 (Wash. Ct. App. Feb. 26, 2024)
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…the plain meaning of Section 4024’s 30-day notice to vacate provision is that it applies only to evictions stemming from nonpayment of rent.
Source Link - 6 Pendleton Place, LLC, v. Asentista, No. 58118-3-II (Wash. Ct. App. Jan. 9, 2024)
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…we conclude that the 30-day notice provision in 15 U.S.C. § 9058(c)(1) applies to all evictions of tenants living in covered dwelling units, not just those for nonpayment of rent.
Source Link