Washington State’s 20 day notice rule
In Washington State, a 20 day notice to terminate tenancy is used to terminate a month-to-month lease agreement between a landlord and tenant. It is not the same as an eviction, but may serve as a precursor to an eviction proceeding if the tenant does not vacate. A 20 day notice to terminate cannot be used to terminate the remainder of any other kind of lease agreement, such as a term lease (one year lease, etc).
Does the tenant have to leave after 20 days?
A common misperception of a 20 day notice is that the tenant must vacate the rental 20 days after the notice has been properly served. This is incorrect. The notice actually indicates that a landlord must serve notice to terminate tenancy AT LEAST 20 days before the end of the rental period, which is typically the end of the calendar month. This means that even if you serve the notice on the first of the month, the tenant will have until the end of that month to vacate.
What happens if the tenant doesn’t move out?
If a tenant, after having received notice, does not vacate the premises at the end of the rental period, they have become a holdover tenant and the landlord may move forward with an unlawful detainer action. This is the formal legal process through which the landlord may regain possession, also known as an eviction. A landlord may not remove the tenant’s belongings or change the locks if the tenant has not vacated at the end of the rental period. Instead, the landlord must first follow the eviction lawsuit process.
The “Just Cause” Clause
In the state of Washington, the general rule is that termination of a month–to-month tenancy does not require a “just cause”. This means that a landlord is not required to give a specific reason when giving a 20 day notice.
Tenants are, however, protected from having their tenancy terminated based on discrimination of any protected class status (race, gender, or disability) or for any retaliatory purposes.
How to serve a 20 day notice
In order to properly serve the 20 day notice the following steps must be followed.
- The notice must be drafted with proper language to ensure the tenant understands the situation.
- A copy of the notice must be provided to each adult occupant, either by personal delivery, personally delivering a copy to a person of suitable age and discretion and mailing a copy to each adult occupant by first class mail, or by placing the notice in a place on the property where they are likely to see it and mailing by first class mail.
When more than 20 days are required
There are some instances in which 20 days are not sufficient notice, and the landlord is required to provide more than that. Here is a quick list of those cases:
- If there is a policy change (excluding policies relating to children) in the property, the landlord must provide 90 days notice
- If the landlord plans on converting the rental property into condominiums, or otherwise change the structure of the property, they must provide at least 120 days notice
- If the property is set to be demolished or substantially rehabilitated, the landlord must give 120 days notice
We offer free templates of these notices through our firm. Contact us to find out more.
To learn more about the eviction process, and to talk with experience eviction attorneys in Washington, contact Dimension Law Group today.
Disclaimer: No information in this post is considered legal advice or constitutes an attorney client relationship. The content provided here is for informational purposes only.