Washington Eviction Process: The 14-Day Notice, Just Cause and the Unlawful Detainer Case

In Washington, an eviction case is called an unlawful detainer . A landlord has to give the right written notice, have a legal reason to end the tenancy, win the case in court, and then have the sheriff enforce the order. A landlord can’t lock a tenant out or remove them without a court order [9].

The 14-day notice to pay rent or vacate

For unpaid rent, the landlord must serve a 14-day notice. If the tenant doesn’t pay or move out within 14 days after service, the landlord can file [1]. State law sets the form. It must be titled “Fourteen-Day Notice to Pay Rent or Vacate the Premises” and must [2]:

• name the tenant and the address;
• list what’s owed month by month in three categories only: rent, utilities, and other recurring or periodic charges in the lease, with a total;
• say where and how to pay, including by cashier’s check, money order or other certified funds;
• say that any payment goes first to the total shown on the notice;
• point the tenant to the Attorney General’s landlord-tenant page (with rental assistance information), the right to a lawyer for low-income tenants, the Northwest Justice Project CLEAR hotline, washingtonlawhelp.org, and free or low-cost mediation at dispute resolution centers.

The Attorney General’s office posts the notice in English and other languages [11].

Just cause: a landlord needs a reason

Washington requires a reason to end most tenancies, including month-to-month leases [3]. RCW 59.18.650 lists the allowed causes and the notice each one needs. The common ones:

Some fixed-term leases can end at the end of the term without a cause if the landlord gives 60 days’ written notice, under conditions spelled out in the statute [3]. Rent increases are a separate rule: the Attorney General says a landlord must give at least 90 days’ written notice before raising rent [11].

The court case

If the notice runs out, the landlord files an unlawful detainer case and serves the tenant with a summons and complaint. The summons gives a date and time, 5 p.m. on a set day, by which the tenant’s written response must be received [4]. Tenants can hand-deliver or fax it by the deadline, or mail it at least 3 days before. Phone calls to the landlord or the landlord’s lawyer don’t count [4].

The court then holds a show cause hearing, set 7 to 30 days after the order is served, where the tenant can explain why the landlord shouldn’t get possession [5].

The right to a lawyer

The court must appoint a lawyer for an indigent tenant, subject to state funding [6]. A tenant qualifies by receiving certain public assistance (such as Medicaid, food benefits or SSI) or having after-tax income at or below 200 percent of the federal poverty level [6]. The notice itself points to the Eviction Defense Screening Line and 2-1-1 for this [2].

Washington’s Eviction Resolution Pilot Program expired July 1, 2023 [10]. The 14-day notice still lists dispute resolution centers for free or low-cost mediation [2].

The writ and the sheriff

If the landlord wins, the court issues a writ of restitution. The sheriff serves it and can’t carry it out for 3 days [7]. Within 3 days after the writ is served, the tenant can ask the landlord in writing to store their belongings; the tenant then pays the storage and moving costs to get them back [8].

Where to get help

• Northwest Justice Project CLEAR hotline: free legal advice for eligible tenants; its number is printed on the 14-day notice [2].
• Eviction Defense Screening Line or 2-1-1: to ask about an appointed lawyer [2].
• Dispute resolution centers (resolutionwa.org): free or low-cost mediation [2].
• Washington Attorney General (atg.wa.gov): landlord-tenant information and translated notices [11].