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

It is a good practice to give 48 hours notice to inspect for abandonment if you need to confirm whether a tenant still occupies the property. 

 If, however, the tenants represent to you that no one (including those whose residency is unauthorized) occupies the premises it is not necessary.  Under theses circumstances a landlord is justified in knocking and, if no one answers, entering.  If there are belongings (or people) simply retreat immediately.  If indeed no one resides there any longer, there is no need, nor even a legal basis, to proceed with formal legal eviction.

Be aware that abandonment must be clear and unequivocal, but it need not be in writing. 

Scott Eller

Washington Landlord-Tenant Attorney

TM  

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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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A notice to pay rent or vacate should demand rent.  Other items, such as unpaid utilities or deposits, belong on a “ten-day” notice to comply with the lease or vacate.

Inclusion of non-rent items renders the notice to pay rent or vacate defective.  The legal effect of the defect is debatable and an area of unsettled law.  Even if the lease purports to define utilities or other items as “rent” these is style over substance and probably unenforceable.

It is best to simply avoid the issue. 

Scott Eller

Washington Landlord-Tenant Attorney

TM

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