[WA] What do I do when my tenant isn’t paying rent?

Lexi, Chatbot

I understand the frustration of dealing with a tenant who isn't paying rent. Have you served the tenant with a formal notice to pay rent or vacate the property?

Lexi, Chatbot

Are there any specific terms regarding non-payment of rent outlined in your lease agreement with the tenant?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your non-payment of rent issue.

Jon

Hello! I'm delighted that you've chosen to contact AskaLawyer for assistance. My name is Jon, and I'm here to assist you as an attorney. I understand that dealing with legal issues can be stressful and confusing. Don't worry, I'm here to help, and I hope to provide you with a solution to your problem. Have you given them any eviction notice yet?

Jon

If you're dealing with a tenant in Washington who hasn’t paid their rent, there’s a specific legal process you need to follow. Since the typical five-day grace period after the rent due date (usually the first of the month) has passed, the next step is to notify the tenant in writing. This is done through what's called a 14-Day Notice to Pay Rent or Vacate.

This notice lets the tenant know exactly how much rent they owe and gives them 14 days to either pay the full amount or move out. It should also include your name and the address where they should send the payment. It's important that the notice clearly warns the tenant that if they don’t pay or leave within those 14 days, you may start the eviction process in court.

Once the notice is ready, it has to be delivered properly—and Washington law has specific rules about this (RCW 59.12.040). Ideally, you hand it directly to the tenant. If that’s not possible, you can leave it with someone of suitable age who lives at the property, and also mail a copy. If neither of those options works, the law allows you to post the notice in a visible spot (like the front door) and mail it as well.

After you’ve served the notice, you must wait the full 14 days. During this time, the tenant has the chance to pay what they owe and resolve the issue. If they do, the matter is closed. They also have the option to leave the property voluntarily within that time. But if the tenant doesn’t pay or move out within the 14-day window, your next move is to file an Unlawful Detainer lawsuit in the Superior Court for your county. This is the formal eviction process, where you’ll file a summons and complaint with the court to begin the legal action.

Just like with the original notice, you need to make sure the tenant receives a copy of the summons and complaint through a legally approved method. This ensures they’re officially informed about the case. Once the tenant is served, they’ll have a set period (specified in the summons) to file a written response with the court. If they do respond, the court will schedule a hearing where both of you can present your sides of the story and provide any evidence.
If the court rules in your favor, it will issue an order requiring the tenant to move out by a certain date. If they don’t leave by that deadline, you’ll need to get a Writ of Restitution—a court order allowing the sheriff to carry out the eviction. The sheriff will serve the writ, and if the tenant still refuses to go, they’ll be physically removed from the property.

You may want an eviction lawyer to help you if you have to file an eviction case.

Jon

If you have any further questions or need assistance, please don’t hesitate to reach out—I’m always here and happy to help! Wishing you a wonderful rest of your day!