January 12th 2008
The Check is in the Mail
Although a street address is required for a summons in a residential eviction – and therefore PO boxes are not appropriate in a summons - the statute is silent as to whether a PO Box is acceptable in a notice to pay rent or vacate. In fact, the statute does not expressly require an address at all.
Nevertheless, some court commissioners will dismiss a case if the landlord uses a PO Box on the notice to pay rent or vacate. Some have been known to dismiss the landlord’s case even if the landlord provided an address for a private mail box that is staffed during business hours. The rationale is that the tenant might not be able to comply within three days whether by mail or in person.
Some court commissioners will dismiss a case if the landlord uses a PO Box on the notice to pay rent or vacate.
This seems to run afoul of the statutory requirements. First, if the legislature intended to require a street address on the notice, they would have drafted language that expressly states as much, particularly in light of the fact that there is such express language as to the summons, but no language requiring a street address, or indeed any address, in the notice to pay rent or vacate.
Further, not all landlords have on site management and night drop boxes. The legislature was surely aware of this when the statute was drafted. Many are individual property owners who may have legitimate concerns about providing their personal residence address. Even if they were to provide a personal residence address, for the “ma and pa” landlord the tenant has no assurance that the landlord will keep certain hours and be home should the tenant wish to pay in person, nor that the landlord will have a drop box. Therefore a PMB that is staffed during business hours actually affords the tenant a much better opportunity to pay in person, should they elect to do so.
The legislature presumably knew when the statute was drafted that many rental property owners are small scale “ma and pa” investors and are not equipped to provide a business office and/or night drop box. This would explain why there is no requirement for a landlord to maintain any type of office on site or off, or provide a night drop box. And also why there is no language in the statute as to what address is required, or indeed stating that any is required, on the notice to pay rent or vacate.
Nevertheless, if some court commissioners are dismissing cases for PO box or PMB boxes it is best to avoid them on notices if possible. It might be an interesting issue to appeal, but for the landlord an appeal hardly sounds appealing.
- Scott Eller
Washington Landlord Attorney
