Seattle Landlord Attorney: Landlord - Tenant Law, Eviction Forms, More

Be very careful using standard notice forms without reading the lease first.  Eviction notice forms (including those this website) will invariably give only the statutory minimum notice. 

While contract provisions that waive or reduce the minimum cure periods are unenforceable, contract provisions that grant more time to the tenant are enforceable.  Provisions that the landlord will give the tenant five days’ notice of default in rent are not uncommon, for example.

A failure to abide by these provisions is jurisdictional and will result in the dismissal of the eviction action.  This can, obviously, be very frustrating and expensive as the entire process must be repeated.

Also note that case law rendered last year holds that court rules that states that for periods of less than seven days (such as a pay or vacate notice) weekends and holidays do not count. 

Scott Eller

Washington Landlord-Tenant Attorney

TM

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