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Archive for the 'Eviction and Pre-litigation Notices' Category

December 30th 2007

Supreme Court Rules on Time Computation for 3 Day Notices

The Washington State Supreme Court has held that Washington eviction statutes require three calendar days for compliance with a notice to pay rent or vacate, not three court days or three business days.

A Washington Court of Appeals decision had held that the statutes and court rules require three business days, not calendar days, for notices that require less than seven days for compliance, such as notices to pay rent or vacate.  

The Supreme Court overturned the Court of Appeals.

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October 9th 2007

Closing the Door on Proving Service of Notices

There are three methods to serve eviction notices authorized by statute . One is personal service – i.e. hand delivery to the tenant. Another is substitute service. This requires personal delivery to a person of suitable age and discretion and mailing to each tenant. The third is conspicuously posting on the premises and mailing to each tenant.A potential pitfall for a landlord serving a notice by either personal or substitute service is that the tenant or substitute served might (and sometimes will) come to court and claim that they were never personally handed a notice.

To avoid this scenario, always place a notice on the door and mail a copy to each person residing in the property (whether or not they are supposed to be) no matter who you may have handed one to. All you need prove is that it was posted, not that the tenant ever saw it posted, and your declaration of service is presumed valid. Consider taking a photo.

The tenant gets an extra day when you mail a notice (which to be clear is required with substitute service or posting). Nevertheless, the advantage is that people lie in court every day, whereas doors very rarely do.

Scott Eller

Washington Landlord-Tenant Attorney

Access Evictions TM

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September 18th 2007

Counting the Days

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

Access Evictions TM

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