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

A landlord who prevails in an eviction is entitled to a judgment.  The judgment amount normally includes court costs and attorney’s fees in addition to rent and other damages.

Landlords do not always get a judgment.  For instance, if the tenant abandons the premises the court no longer has jurisdiction and the case ends.  Also, if the landlord in a residential eviction serves the summons and complaint by posting and mailing per court order there is no judgment.

A landlord who is interested in pursuing a judgment for money owed may wish to consider small claims court.  Below are links for King, Pierce, and Snohomish Counties.   

                                                                                                                                                                                                  

King County Small Claims Court                                                                                                                                                                                        

                                                                                                                                           Pierce County Small Claims Court    

                                                                                                                                                                                                    Snohomish County Small Claims Court

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In Seattle a residential tenant may only be evicted for “just cause”.  The just causes are enumerated in a city  ordinance.  A landlord may evict a tenant in a residential tenancy in Seattle for only those causes enumerated.  A month-to-month tenant is essentially a tenant in perpetuity.

A decision by the Washington Court of Appeals in 2000 held that this does not apply to leases that expire at the end of their terms.  The court reasoned that the tenancy ended by mutual agreement and the just cause eviction ordinance could not apply to a tenancy that no longer existed. 

So, if a residential lease does not have a clause automatically converting it to month-to-month at the end of the lease the landlord may evict so long the parties do not extend the tenancy by tender and acceptance of rent beyond the lease term or other action indicative of a mutual intent to continue the tenancy beyond the expiration of the lease. 

Scott Eller

Washington Landlord-Tenant Attorney

TM

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When serving eviction notices it is important that landlords be familiar with their leases. 

Some leases provide for a longer notice period than required by statute.  It is more common with commercial leases but is sometimes found in residential leases as well.

If the lease provides for a notice period longer than the statutory minimum notice period, the landlord must provide the longer notice period called for by the lease. 

Failure to do so will result in the dismissal of the eviction case.  This can be extremely frustrating, particularly if the eviction case has advanced very far through the process. 

Scott Eller

Washington Landlord-Tenant Attorney

 TM

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