Eviction and Pre-litigation Notices

6 posts

New Laws Mandate New Language in Eviction Notices

At both the state and local level new laws mandate changes in the language of important landlord-tenant documents, including the 14-day notice to pay rent or vacate as well as legal pleadings used in court. Failure to include legally required language in eviction documents is a defense to eviction and could lead to dismissal of an eviction action. Truly v. Heuft, 138 Wn.App. 913, 158 P.3d 1276 (Div. 1 2007). New laws in 2019 and in 2020 change the requirements for the notice to pay rent or vacate state-wide. New laws in Federal Way and Seattle necessitate contents in notices […]

Proposed Legislation on 20-Day Notices

Under current Washington law for month-to-month tenancies either the landlord or tenant can end the tenancy with written notice given the last day of the rental period (usually but not always the last day of a calendar month) served at least 20 days in advance. In Seattle residential landlords must have just cause to evict, even if the tenant is month-to-month. Without just cause, the landlord has a perpetual tenant. A Seattle residential tenant meanwhile can still terminate the tenancy on 20 days notice. If a lease provision calls for more than 20 days, the parties must give the longer […]

Court of Appeals Reverses Eviction on Improper Service of Eviction Notice

Our law firm was not involved in the lawsuit described in this article. Yesterday the Court of Appeals ruled in favor of the tenant on an appeal from an eviction case and held that service of the notice to pay rent or vacate was improper. The landlord served only one copy of the notice to two tenants. Even though the tenants were a married couple and even though the husband handed the notice to the wife in the presence of the landlord the service of the notice was held invalid. It is important to note that it was undisputed that […]

The Fair Debt Collections Practices Act and Property Managers

The federal Fair Debt Collection Practices Act (FDCPA) applies to any person who regularly collects or attempts to collect debts for another. The definition might include property management firms under certain circumstances, but does not include landlords acting pro se. The FDCPA exempts attempts to collect debts that were not in default when obtained.  For example, this exemption would apply as long as the tenant was not in default when the property management firm was retained. Conversely, if a property manger accepts an assignment of a debt after it has become due and is in default the exemption may not […]