Eviction Notices

EVICTION (PRELITIGATION) NOTICE


The Eviction process begins with service of an eviction Notice.   The type of Notice will depend on how the tenant has defaulted on their rental agreement.  If the tenant is behind in rent, the eviction process would start with a 14-day notice to pay rent or vacate.   If the tenant is on a month-to month agreement, you can serve a 20-day notice to vacate at the end of the month.

You can prepare and serve the eviction notice on you own.  However, if you choose to prepare and serve the notice, it must be done correctly in order to move forward.  If you are unsure of which type of notice to use or the correct procedure, I recommend that I do this step for you. 

If our firm prepares a 14-day notice for rent, please be aware that this notice must be signed by the landlord. I can also prepare a letter to be served along with the eviction notice, introducing myself as your attorney. I would then retain a process server to serve the documents.


FORM

  • RCW 59.12 and RCW 59.18 govern this unlawful detainer action.
  • King County has jurisdiction of the proceeding as the property is in the city of Seattle, county of King.  RCW 59.12.050. 
  • The Plaintiff is seeking restitution of the premises and judgment for back rent per RCW 59.12.070.
  • There is an obligation of good faith imposed in all Landlord-Tenant Matters.  RCW 59.18.020.

 

PROCEDURE

  • A tenant is guilty of unlawful detainer if they continue in possession after a default in the payment of rent, and after day notice in writing requiring in the alternative the payment of the rent or the surrender of the detained premises.  RCW 59.12.030
  • The notice must be served either by
    • 1) delivering a copy personally to the tenant,
    • 2) by leaving it with someone of suitable age and discretion and mailing a copy to the address of the premises, or
    • 3) if no one is home after knocking, by posting it on the premises and then mailing a copy to the address of the premises.  RCW 59.12.040.
  • Respondents failed to pay rent or vacate within notice, and are guilty of unlawful detainer per RCWS 59.12.030. 
  • A tenant is guilty of unlawful detainer if they continue in possession after a default in the payment of rent, and after 14 days notice in writing requiring in the alternative the payment of the rent or the surrender of the detained premises.  RCW 59.12.030.
  • The 14 day notice must be served either by
    • 1) delivering a copy personally to the tenant,
    • 2) by leaving it with someone of suitable age and discretion and mailing a copy to the address of the premises, or
    • 3) if no one is home after knocking, by posting it on the premises and then mailing a copy to the address of the premises.