How to Evict a Tenant in Washington State

Being a landlord isn’t always what it’s cracked up to be. Sure, it can be a financially rewarding experience, but there are plenty of challenges along the way. At the top of the list for most would be how to handle difficult tenants, but ultimately, how to evict them if that is the only option you feel you have left.

Most people are not comfortable with this sort of confrontational experience. The best way to make it as painless as possible is to make sure you know how to handle it, both from a personal and legal perspective.

Every state has its own tenant laws. If you are a landlord in Washington State, here are some of the things you need to consider if you are ready to proceed with an eviction.

How to Evict a Tenant in Vancouver WA

At Zenith Properties, we understand the importance of maintaining a safe, well-managed property. While most landlords hope for positive, long-lasting tenant relationships, there are situations where eviction becomes a necessary step to protect your property and financial interests.

With that said, evicting a tenant in Vancouver, Washington, is a legal process that must be followed meticulously in order to prevent unnecessary legal issues. We’ll address some of the general steps you should take below. If you have any questions, don’t hesitate to give us a call.

You Have to Give Your Tenant a Notice

If rent is due on the 1st of the month and remains unpaid by the 6th, the Landlord can serve a 14/30 Day Notice for the Tenant to Pay or Vacate. If the Tenant fails to pay, the notice expires on the 20th, and the Landlord can initiate an eviction on the 21st. However, for properties receiving Federal funding or Tenants with housing assistance (e.g., Section 8 or VHA), the notice period extends to 30 days. During this time, Tenants can seek financial aid from nonprofit or governmental agencies. If the Tenant secures a “pledge of assistance” during this period, the Landlord must suspend the notice for an additional 14 days, allowing time for the agency to provide necessary funds to cover the past due rent, effectively halting the eviction process.

Once the eviction has been officially filed with the court, the Tenant is required to be formally served with the court documents. This service is typically carried out by a process server employed either by the attorney’s office or the Sheriff’s department. It is typically accomplished within a day or two following the filing.

The notice should specify the amount of rent that is in default and instruct the tenant that they have a certain amount of days to either pay or vacate the premises.

You Need to Obtain an Order to Show Cause

If the tenant does not pay the outstanding balance on their rent within those three days, what can you do now? The next step available to the landlord is to seek what’s called a writ of restitution. This involves presenting your order for the renter to vacate to a judge.

A court date is then set where the tenant is able to present their case for why they should not be evicted. The court date has to be at least seven days and no more than 30 days from the date the tenant is served with legal papers.

Assuming everything goes in your favor, you will be given a writ of restitution, which involves a filing fee to obtain. This authorizes the county sheriff to enter your property and remove the tenant and their personal possessions.

File for an Eviction Complaint and Summons

After the eviction, some landlords may be happy to simply cut their losses and just be done with the ordeal. However, you can still proceed to obtain outstanding rent if your tenant is still not willing to concede.

This starts with filing an eviction complaint with the hopes of being awarded a judgment for unpaid rent, and any other costs that were written into the lease agreement. An eviction complaint also comes with a filing fee. A summons is issued to notify the tenant that an action has been filed against them, informing them of the deadline to respond.

Serve the Tenant

All of the above must be served on the tenant. The paperwork can be served by the county sheriff for a fee or you can hire a process server. While you can do it on your own, it’s advisable to have it done by a professional to avoid mistakes that can lead to delays in the eviction process.

You Will Need to Attend the Court Hearing

At the date scheduled for hearing on the order to show cause, the landlord should appear with any documentary evidence (written leases, records of payment, photographs of property, etc.) and be prepared to explain to the judge the reason for the eviction. If the tenant does not answer or appear, the judge may issue the writ of restitution and/or enter a default judgment for past-due rent, damages, and any other charges to which the landlord is entitled. If the tenant appears and answers, the judge will decide whether the tenant has presented any legal defense that requires a trial on the merits. Be aware that under RCW 59.18.080, the tenant must be current on the rent to obtain remedies against the landlord – in other words, the tenant cannot claim that the landlord is in violation of any duties as a justification for withholding rent.

The Process of Removing the Tenant’s Property During Eviction Process

Once the Judge issues the eviction “writ,” a date is set for the Sheriff to lock out the Tenant, usually 3-4 weeks after the writ is issued. In many cases, Tenants voluntarily vacate the property once the writ is issued. On the lock-out day, the Sheriff meets the Landlord at the property to ensure it’s safe to enter. Landlords should prearrange for a locksmith to rekey the doors, securing the property and preventing the evicted Tenant from returning. If the Tenant leaves items with a garage sale value of $500 or more, the Landlord must store them. If the Tenant requests storage, even up until the lock-out, the Landlord must comply. If there’s no written request or nothing of value over $500, the Landlord can dispose of the items.

No doubt, if you have to take any step beyond serving an eviction notice, it’s a hassle. Fortunately, most people who are presented with the threat of legal action will not stand their ground, so chances are pretty slim that you will have to go through all of this. But if that day comes, it’s vital that you know the steps you must take to protect yourself and your investment.

How Long Does an Eviction Process Usually Take in Washington State?

In the most favorable circumstances, the duration between the 1st day of the month when the Tenant ceases rent payments and the Landlord’s property recovery during the Sheriff lock-out is approximately 50 days, while in less ideal situations, it could extend to as much as 90 days.

Do Property Management Companies Help With Evictions?

Yes, partnering with a reputable property management company offers numerous benefits, including expert assistance with potentially challenging situations like evictions. Property management companies have a deep understanding of local and state landlord-tenant laws, ensuring that every step of the eviction process is executed legally and ethically.

Their experienced teams handle the paperwork, court proceedings, and communication with tenants, reducing the stress and time commitment for property owners. By entrusting a property management company, you not only safeguard your property but also gain peace of mind knowing that your investments are managed professionally, efficiently, and in compliance with all regulations.

Your Local Property Management Company

Zenith Properties is your trusted partner in simplifying the landlord experience. With a commitment to excellence and a deep understanding of the unique challenges landlords face, we offer a range of services designed to make property management seamless and stress-free. From finding qualified tenants to handling property maintenance, rent collection, and even navigating complex legal matters like evictions, Zenith Properties is your comprehensive solution.

Our team’s expertise in local and state rental regulations ensures that your investments are not only protected but also optimized for success. By partnering with Zenith Properties, you can enjoy the benefits of property ownership without the day-to-day hassles, knowing that your assets are in capable hands. We are here to empower landlords with efficient, professional, and reliable property management services.

If you have any questions, or would like to learn more about our services, please feel free to give us a call today.