A Washington eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Washington landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.
Types of Washington Eviction Notice Forms
Notice Form | Grounds | Curable? |
14 Day Notice To Quit | Unpaid Rent | Yes |
10 Day Notice To Comply or Vacate | Lease Violation | Yes |
30 Day Notice To Comply or Vacate | Health / Safety Violation
Minor Property Damage |
Yes |
3 Day Notice To Vacate | Substantial Property Damage
Disturbing the Peace |
No |
Immediate Notice To Vacate | Illegal Activity | No |
20 Day Notice To Quit | Unwanted Sexual Advances | No |
30 Day Notice To Quit | Falsification of Rental Application
Overstaying Lease |
No |
60 Day Notice of Termination | Multiple Lease Violations | No |
60 Day Notice To Quit | Failure to Disclose Sex Offender Status
Failure to Register as Sex Offender |
No |
20 Day Notice To Vacate | Periodic or Fixed Term Lease
Shared Dwelling Tenancy |
No |
60 Day Notice To Terminate Tenancy | Fixed Term Lease
(Without Cause) |
No |
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.
Washington 14 Day Notice To Quit
A Washington 14 Day Notice To Quit evicts for nonpayment of rent. In Washington, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within fourteen (14) calendar days.
Washington 10 Day Notice To Comply or Vacate
A Washington 10 Day Notice To Comply or Vacate demands correction of a non-monetary lease violation that is “curable” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, or interfering with the quiet enjoyment of neighbors.
Tenants must take the necessary corrective action or move out within ten (10) calendar days.
Washington 30 Day Notice To Comply or Vacate
A Washington 30 Day Notice To Comply or Vacate demands correction of a lease violation that is “curable” i.e., the tenant gets a chance to fix the situation rather than be evicted. This might include things like failing to maintain health and safety on the property, creating a health or fire hazard, or property damage.
Tenants must correct the situation or pay the cost for correcting the situation, or else move out within thirty (30) calendar days.
This form is also served to occupants who are not on the lease but remain in the rental unit after the tenant moves out:
- If the occupants have resided on the premises for at least (6) months before the tenant’s move out, they must complete a rental application and screening, and either rent the unit or (if they fail the screening) move out within thirty (30) calendar days
- If the occupants have NOT resided on the premises for at least (6) months before the tenant’s move out, the landlord does not have to give them an opportunity to rent the unit, and can ask them to move out within thirty (30) calendar days
Washington 3 Day Notice To Vacate
A Washington 3 Day Notice To Vacate evicts a tenant for an “incurable” lease violation, i.e., one which the tenant is not allowed to restore through corrective action, such as deliberate destruction of the premises or engaging in gang activity. Tenants must move out within three (3) judicial days (not counting weekends or legal holidays) after receiving notice.
Washington Immediate Notice To Vacate
A Washington Immediate Notice To Vacate evicts tenants for illegal activity on the premises, such as use of a deadly weapon, committing a violent crime, or engaging in criminal behavior that results in an arrest. Tenants are not allowed an opportunity for corrective action, and must move out immediately, or on the next judicial day if notice gets served on a weekend or holiday.
Washington 20 Day Notice To Quit
A Washington 20 Day Notice To Quit evicts a tenant for making unwanted advances toward other persons based on gender, race or other protected status. Tenants are not allowed an opportunity for corrective action. The landlord may terminate the tenancy on the last day of the lease term by serving this notice at least twenty (20) calendar days before the expiration date.
Washington 30 Day Notice To Quit
A Washington 30 Day Notice To Quit evicts a tenant for overstaying the lease or intentionally falsifying or omitting information on the original rental application. The tenant is not allowed to take corrective action, and must move out within thirty (30) calendar days of receiving notice.
Washington 60 Day Notice To Quit
A Washington 60 Day Notice To Quit evicts a tenant for failing to disclose sex offender status or register as a sex offender during the tenancy. Tenants are not allowed an opportunity for corrective action. The landlord may terminate the tenancy on the last day of the lease term by serving this notice at least sixty (60) calendar days prior to the expiration date or end of rental period.
Washington 60 Day Notice of Termination
A Washington 60 Day Notice of Termination evicts a tenant for multiple lease violations during a 12-month period. In most parts of Washington, this notice requires four (4) or more lease violations, but Seattle only requires three (3). This notice is served to the tenant along with the last notice of lease violation and copies of previous notices of noncompliance. The tenancy terminates sixty (60) calendar days after the tenant receives the notice.
Washington 20 Day Notice To Vacate
A Washington 20 Day Notice To Vacate terminates a periodic tenancy, a fixed term lease, or a shared tenancy in the same dwelling. Tenants may also use this notice to terminate any type of tenancy, but landlords in most cases must provide a longer notice period. The non-terminating party must receive notice at least twenty (20) calendar days before the date of termination.
Washington 60 Day Notice To Terminate Tenancy
A Washington 60 Day Notice To Terminate Tenancy terminates a fixed term lease on the last day of the term, without cause, if any of the following apply:
- At the beginning of tenancy, the parties signed a fixed term lease between six and 12 months in length
- Both parties executed a fixed term lease of 12 months or longer with no option for a periodic tenancy at the end of the lease term
- The landlord and tenant signed a fixed term lease with successive terms of six months or longer, without the option to become a periodic tenancy
The non-terminating party must receive notice at least sixty (60) calendar days before the date of termination.
How To Use Washington Eviction and Lease Termination Notices
If the landlord is terminating a rental agreement for cause (e.g., unpaid rent, lease violations or criminal activity), the landlord serves the tenant with an eviction notice rather than a lease termination notice.
The landlord may use a lease termination notice to end a rental agreement based on the type of tenancy or the reason for termination. For example, a shared dwelling tenancy or a fixed term lease that meets a legal exception under state law may be terminated without cause.
How To Write an Eviction Notice in Washington
To help ensure the legal compliance of an eviction notice:
- Use the tenant’s full name and address
- Specify the lease violation as well as any balance due
- Specify the date of termination
- Print name and sign the notice, including the landlord’s address of record
- Note 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 Calculate Expiration Date in Washington
The “clock” for most eviction notice periods starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.
There are several exceptions specific to Washington:
- An Immediate Notice to Vacate takes effect the same day it is served
- Electronic notice sent before 5:00 pm on a judicial day begins the notice period on that day (otherwise, the notice period will begin at 9:00 am on the next judicial day)
- Notice periods of fewer than seven (7) days ONLY count judicial days; longer notice periods count ALL days including weekends and holidays
How To Serve an Eviction Notice 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.
Sources
- 1 WA Rev Code § 59.18.650
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The tenant continues in possession after having received at least 60 days’ written notice to vacate prior to the end of the period or rental agreement and the tenant has committed four or more of the following violations, other than ones for monetary damages, within the preceding 12-month period, the tenant has remedied or cured the violation, and the landlord has provided the tenant a written warning notice at the time of each violation: A substantial breach of a material program requirement of subsidized housing, a substantial breach of a material term subscribed to by the tenant within the lease or rental agreement, or a substantial breach of a tenant obligation imposed by law.
Source Link - 2 Seattle Municipal Code 22.205.010 - Reasons for termination of tenancy
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The tenant habitually fails to comply with the material terms of the rental agreement which causes the owner to serve a ten day notice to comply or vacate three or more times in a 12 month period.
Source Link - 3 WA Rev Code § 59.18.650
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A tenant may end a tenancy for a specified time by providing notice in writing not less than 20 days prior to the ending date of the specified time.
Source Link - 4 WA Rev Code § 59.18.650
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The tenant continues in possession after an owner or lessor, with whom the tenant shares the dwelling unit or access to a common kitchen or bathroom area, has served at least 20 days’ advance written notice to vacate prior to the end of the rental term or, if a periodic tenancy, the end of the rental period.
Source Link - 5 WA Rev Code § 59.18.650
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If a landlord and tenant enter into a rental agreement that provides for the tenancy to continue for an indefinite period on a month-to-month or periodic basis after the agreement expires, the landlord may not end the tenancy except for the causes enumerated in subsection (2) of this section; however, a landlord may end such a tenancy at the end of the initial period of the rental agreement without cause only if:
(i) At the inception of the tenancy, the landlord and tenant entered into a rental agreement between six and 12 months; and
(ii) The landlord has provided the tenant before the end of the initial lease period at least 60 days’ advance written notice ending the tenancy, served in a manner consistent with RCW 59.12.040;
If a landlord and tenant enter into a rental agreement for a specified period in which the tenancy by the terms of the rental agreement does not continue for an indefinite period on a month-to-month or periodic basis after the end of the specified period, the landlord may end such a tenancy without cause upon expiration of the specified period only if:
(i) At the inception of the tenancy, the landlord and tenant entered into a rental agreement of 12 months or more for a specified period, or the landlord and tenant have continuously and without interruption entered into successive rental agreements of six months or more for a specified period since the inception of the tenancy;
(ii) The landlord has provided the tenant before the end of the specified period at least 60 days’ advance written notice that the tenancy will be deemed expired at the end of such specified period, served in a manner consistent with RCW 59.12.040; and
(iii) The tenancy has not been for an indefinite period on a month-to-month or periodic basis at any point since the inception of the tenancy. However, for any tenancy of an indefinite period in existence as of May 10, 2021, if the landlord and tenant enter into a rental agreement between May 10, 2021, and three months following the expiration of the governor’s proclamation 20-19.6 or any extensions thereof, the landlord may exercise rights under this subsection (1)(c) as if the rental agreement was entered into at the inception of the tenancy provided that the rental agreement is otherwise in accordance with this subsection (1)(c).
Source Link - 6 Washington Superior Court Rules of Civil Procedure - Rule 6
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Computation. In computing any period of time prescribed or allowed by these rules, by the local rules of any superior court, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday nor a legal holiday. Legal holidays are prescribed in RCW 1.16.050. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
Source Link - 7 WA 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.
Source Link - 8 WA Rev Code § 59.12.040
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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 - 9 Washington Supreme Court Rules of Civil Procedure - Rule 5
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Service by Other Means. 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 - 10 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 - 11 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 - 12 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