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

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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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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