Washington State Evictions: A Landlord's Perspective
Let me tell you a little story about the current (2023) state of evictions in Washington. As a landlord, it's a story that you'll want to pay close attention to and are likely aware of given the amount of political attention on the topic.
First, the background. For many landlords in Washington State, evictions can be an unfortunate reality necessary in the industry. In certain instances, landlords are often left with no choice but to seek eviction (removal) when tenants fall behind on rent or breach their lease in some other way.
But here's the thing: evictions have become a bureaucratic nightmare. The process is slow, costly, and, in many cases, unfair. The existing Residential Landlord-Tenant Act provides tenants with a wide range of legal protections and additional time in the property even when rent is not being paid, including the right to free legal counsel. The process can be difficult and frustrating even when there are substantial amounts outstanding and notable concerns with the tenancy. Meanwhile, the Washington State legislature continues to constantly change the landlord-tenant laws, adding confusion and instability to both rental housing operators and tenants.
Ironically, the unlawful detainer (eviction) statutes were originally created for a quick and efficient way to resolve the issue of possession of a rental unit when a material term of the lease was breached, such as non-payment of rent. The process is no longer quick, it's no longer efficient, and it's no longer affordable for many landlords.
Here's a simple example. Under the Residential Landlord-Tenant Act, landlords are required to give tenants anywhere from 3 to 120 days' written notice to vacate before filing an eviction lawsuit. You may be wondering why there is such a range of notice timelines and that is just the beginning of the problem. Once the notice is given, if the tenant fails to vacate or cure an issue, the landlord must then file an unlawful detainer (eviction) complaint in court, serve the tenant with the complaint, and if the tenant makes any appearance, must then attend a show cause hearing. The entire process now takes several months, during which the landlord is likely not collecting rent and is incurring legal fees.
And it doesn't end there. Even if a landlord has won an eviction lawsuit, they may still face delays in actually removing the tenant from the property. This is because the sheriffs are backlogged and the tenant has a right to appeal the decision, and if they do, the eviction process can start all over again. Moreover, in Seattle, there are restrictions on removing tenants during winter months or, if school age children reside at the premises, during the school year even if rent is not being paid.
Now, let me tell you what this means for you, as a landlord in Washington State. It means that you need to be prepared for a long, arduous process if you ever find yourself in the unfortunate position of having to evict a tenant. It means that you need to have the financial resources to cover your legal fees and lost rent. And it means that you need to be prepared to face an uphill battle, even if you have a legitimate reason and legal cause for seeking an eviction.
So, what's the solution? The truth is, there isn't a simple answer. However, there are steps you can take to minimize your risk and protect yourself. Here are a few tips:
Know the law: Familiarize yourself with the Washington State Residential Landlord-Tenant Act, local jurisdictional rules, and the eviction process. This will give you a better understanding of your rights and responsibilities, and help you avoid common mistakes.
Have a solid lease agreement: A well-written lease agreement can help you avoid disputes with tenants and provide a clear framework for eviction if necessary.
Stay organized: Keep accurate records of all communications with your tenants, the tenant ledger, and document any breaches of the lease. This will be invaluable if you need to go to court.
Consult with an Attorney: As you prepare for an eviction, consult with an attorney to be sure you are complying with the requirements for notices, service, etc. You may be able to prepare some of the documents yourself, but an attorney can help guide the process.
Evictions in Washington State involve a challenging and costly process, but it is a risk and reality that landlords must face. Our hope is that these situations can be avoided entirely, but by being prepared, knowing the law, and staying organized, landlords can minimize their risk and protect their interests in the rental property.
Browse by category