A Washington Immediate Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for illegal activity, such as using a deadly weapon on the premises or engaging in criminal behavior that results in an arrest. The tenant is not given an opportunity to take corrective action, and must move out immediately upon receiving notice.
When To Use a Washington Immediate Notice To Vacate
An Immediate Notice To Vacate begins the eviction process for the following tenant violations:
Use of a firearm or other deadly weapon on the premises
Physical assault against another person
Involvement in drug related activity
Threats to the physical safety of others
Other criminal activity that results in an arrest
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 Immediate 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 Immediate Notice To Vacate
Washington landlords may deliver an Immediate Notice To Vacate on a “judicial day” (a day when the courthouse is open) to file eviction immediately after delivering notice, but this isn’t a legal requirement. Notice may be delivered using any of these methods:
Hand delivery to the other party
Hand delivery to a person of suitable age who can accept the notice on behalf of the other party, PLUS mailed notice
Posting the notice in a conspicuous place on the premises, PLUS mailed notice, PLUS (if available) leaving the notice with a resident at the premises
Service by electronic means, ONLY when consented to 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.
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.
If drug-related activity is alleged to be a basis for termination of tenancy under RCW 59.18.130(6), 59.12.030(5), or 59.20.140(5), the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action
Imminently hazardous to the physical safety of other persons on the premises; and
(b)(i) Entails physical assaults upon another person which result in an arrest;
Entails the unlawful use of a firearm or other deadly weapon as defined in RCW 9A.04.110 which results in an arrest, including threatening another tenant or the landlord with a firearm or other deadly weapon under RCW 59.18.352. Nothing in this subsection (8) shall authorize the termination of tenancy and eviction of the victim of a physical assault or the victim of the use or threatened use of a firearm or other deadly weapon.
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.
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.
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.