How can a lease be terminated in the State of Washington?
A fixed term lease ends on the expiration date. It is not necessary to give written notice for the tenant to move out at the end of the term, unless the lease provisions specifically require written notice. If the tenant stays on beyond the expiration of the lease and the landlord accepts the next month’s rent, the tenant is then assumed to be renting under a month-to-month agreement.
A tenant who leaves before a lease expires is responsible for paying the rent for the balance of the lease term. However, the landlord must make an effort to re-rent the premises at a reasonable price. If the landlord fails to do so, the tenant may not be liable for rent beyond a reasonable period of time.
When a tenant wants to terminate a month-to-month rental agreement, written notice must be given to the landlord and must be received by the landlord at least 20 days before the end of the rental period (i.e. the day before the rent is due). A landlord cannot require a tenant to give more than 20 days notice when moving out. Likewise, if the landlord wants to terminate a month-to-month tenancy, a 20-day notice is required.
If the rental premises is being converted to a condominium, tenants must be given a 90-day notice.
On what grounds can a landlord evict a tenant?
Under Washington law, a landlord can evict a tenant for the following reasons: (i) not paying rent, in full, when due, (ii) not complying with the terms of the agreement, (iii) creating a waste or nuisance, and (iv) no cause (except in Seattle), but only for month-to-month tenancies. A landlord cannot evict a tenant as retaliation for an action of the tenant, such as making a complaint to a government authority. If the matter is taken to court and the judge finds in favor of the tenant, the landlord can be ordered to reverse the retaliatory action as well as pay the tenant’s legal fees and for any harm done to the tenant.
Not paying rent. if the tenant is even 1 day late in paying the rent, the landlord can issue a 3-day notice to pay or move out. If the tenant pays all of the unpaid rent within 3 days, the landlord must accept it and cannot evict the tenant.
Not complying with the terms of the agreement. If a tenant does not comply with the rental agreement, the landlord can give a 10-day notice to comply or move out. If the tenant remedies the situation within that time, the landlord cannot continue the eviction process.
Creating a waste or nuisance. If a tenant damages or destroys the landlord’s property, uses the premises for unlawful activities including drug-related activities, or interferes with other tenants’ use of the property, the landlord can issue a 3-day notice to move out. The tenant MUST move out after receiving this type of notice. There is no option to stay and correct the problem.
No cause. Except in the City of Seattle, a landlord can evict a month-to-month tenant without having or stating a particular reason, so long as the eviction is not discriminatory or retaliatory. If the landlord wants a tenant to move out and does not give a reason, the landlord must give the tenant a 20-day notice to leave, and the tenant must receive the notice at least 20 days before the next rent is due. The tenant can only be required to move out at the end of a rental period (i.e. the day before the rent is due). Generally, a 20-day notice cannot be used if the tenant has signed a lease.
Before a landlord can take legal action against a tenant who does not move out, the landlord must give written notice to the tenant in accordance with the law. If the tenant continues to occupy the premises in violation of a notice to leave, the landlord must then go to court to begin an unlawful detainer action. If the court rules in favor of the landlord, the sheriff will be instructed to move the tenant out, if the tenant does not leave voluntarily. The landlord MUST go through the sheriff to physically move a tenant out.
A landlord can only take a tenant’s property if it has been abandoned. A provision in a rental agreement which allows a landlord to take a tenant’s property under any other circumstance is not valid. Even if the premises are abandoned, the landlord must still either return the tenant’s deposit or provide a statement of why the deposit is being kept, within 14 days of learning of the abandonment.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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