Washington Immediate Notice To Vacate

Last Updated: August 1, 2024 by Roberto Valenzuela

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.

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 Immediate Notice To Vacate

To ensure the legal compliance of a Notice To 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
  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 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:

    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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