|
A Washington
landlord must follow certain procedures to terminate
a tenancy. To terminate a periodic tenancy, a
landlord must give at least 20 days' written notice
prior to the end of the month. However, if the
tenant violates his or her obligations, for example,
by failing to pay the rent, the landlord may
terminate the lease through eviction proceedings.
When a tenant is being evicted because of a rule
excluding children or because of conversion to
condominiums, 90 days' notice is required.
The action by a
landlord to remove a tenant from a rental unit is
known as an eviction or an "unlawful detainer."
(As in most states) Some local housing codes define
"just cause" for an eviction and outline
procedures that must be followed.
In an eviction
based on nonpayment of rent, a tenant may assert any
claim for money owed the tenant by the landlord. The
tenant's claim (sometimes known as an equitable
defense or setoff) must be related to the tenancy,
such as the tenant's payment of a gas bill that was
the landlord's responsibility under the rental
agreement. In eviction actions strict rules and
procedures must be observed. Generally, a legal
eviction process involves:
- Proper notice.
Before evicting a tenant, the landlord must
serve the required eviction notices using proper
procedures. Proper notice usually involves
mailing, handing to the tenant, or posting on
the unit, the notice.
- Filing of a
lawsuit. If the tenant fails to move out, a
lawsuit must be filed to evict the tenant.
- Entitlement to a
court hearing. If the tenant disputes the
reasons for the eviction, the tenant is entitled
to a court hearing.
- Sheriff's
involvement. If the tenant loses the court
hearing, the sheriff would then be ordered to
physically evict a tenant and remove the
property in the unit. Only the sheriff, not the
landlord, can physically remove a tenant who
does not comply with an eviction notice and only
after an unlawful detainer lawsuit has been
filed.
- Liability for
attorneys' fees. In an eviction dispute, the
successful party is entitled to recoup costs and
attorney fees.
|
|
Prohibited
Eviction
Landlords are
generally prohibited from locking a tenant out of
the premises, from taking a tenant's property for
nonpayment of rent (except for abandoned property
under certain conditions), or from intentionally
terminating a tenant's utility service. Various
penalties exist for violating these protections.
Retaliatory
evictions are also illegal. A landlord may not
terminate a tenancy or increase rent or change other
terms of the rental agreement to retaliate against a
tenant who asserts his or her rights under the
Landlord-Tenant Act or reports violations of housing
codes or ordinances.
|
Settlement
of Disputes The landlord and
tenant may agree to arbitration, asking a neutral
party to settle the dispute. The process is usually
quick and inexpensive, with the administrative fee
shared equally unless otherwise allocated by the
arbitrator. Landlord-tenant problems can also be
resolved through informal mediation. In mediation, a
third person intervenes between two disputing
parties in an effort to reach an agreement,
compromise or reconciliation. Intended to settle a
dispute quickly and inexpensively, mediation can be
requested by either a landlord or tenant and may be
available without charge from city or county
agencies. If they are dissatisfied with the
mediation process, the parties may pursue legal
remedies.
|
