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Landlord-Tenant Attorney
ejectment attorney
Landlord-tenant law is now much more complex and nuanced. New laws change how notices must be served, and sometimes dictate font and/or specific language.

Even a small hyper-technical error can mean starting over. Consult with a lawyer first.









commercial evictions
While commercial landlord-tenant law has not seen the overhaul that residential landlord-tenant law has, the legal/political climate has changed, and some local laws impact commercial cases as well. We regularly handle commercial landlord-tenant disputes.

We represent both commercial tenants and landlords throughout the Puget Sound area.





ejectment attorney
If the occupants are not tenants, and the owner did not acquire the property by foreclosure, the typical eviction process (unlawful detainer) does not apply. The property owner must bring an ejectment action.

Ejectment is required against non-tenants. It may also be possible to evict tenants with an ejectment action, but this is not always ideal, and courts may reject an ejectment action against a tenant in some situations.

Consult with an attorney for advice about ejectment.
ejectment attorney
The successful bidder at a foreclosure auction is entitled to possession against former owners and non-tenant occupants twenty days after the sale. If a tenant is in the property, additional requirements and a longer notice period apply.

If the foreclosed former owner and/or other occupants refuse to vacate, the buyer must evict the occupants (even if there are no tenants in the property).





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Landlord-Tenant Law FAQs

Auburn repealed its local just cause eviction law. Auburn still requires landlords to have a business license (although the law explicitly making this requirement a defense to eviction was also repealed).

Landlords must still comply with state good cause eviction laws.

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Both. Local rent increase laws still apply. Note that if state and local law allow a different rent increase, the landlord can only increase by the lower amount.

The City of Tacoma is considering a bill that would roll back some local landlord-tenant laws, including the two rent increase notices currently required in addition to the state rent increase notice. The Tacoma proposal has not been enacted at the time of this FAQ posting.

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Possibly.

The new rent control law can be read in different ways. One interpretation is that any pending rent increase is void, and a new rent increase notice must be served that complies with the 90-day notice requirement, uses of mandatory form language, and is served per the new statute on serving tenant notices.

All this is far too nuanced for a quick explanation. It is best to consult with an attorney.

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Yes, King County has mandatory notice forms for terminating tenancies in unincorporated King County. Proper use of these forms is not simple. Landlords are encouraged to consult with an attorney before serving any notices for unincorporated King County rental properties.

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The federal CARES Act requires a 30-day notice to vacate for covered properties for nonpayment of rent.

The CARES Act will apply if the property has a federally-backed loan (Fannie Mae, FHA, Freddie Mac, etc) or if the rental unit has a Section 8 tenant.

Tenant attorneys may also argue that the CARES Act applies if the landlord has ever had a mortgage forbearance under federal law, or if there are Section 8 tenants in any of the units in the rental property–even if not the rental unit at issue in the eviction case, and in various other situations. These situations present unresolved, open legal questions for which there is currently no definitive answer.

The CARES Act is just one example of how nuanced and complex eviction law has become. If you are having issues with a tenant and considering eviction, you are strongly encouraged to consult with an attorney.

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While there may be forms on the internet, landlord-tenant law is nuanced and complicated. Drafting and serving notices without the assistance of an attorney is not recommended.

How to calculate the 90-day period is not always cut-and-dried. The Court of Appeals has ruled that the owner may not enter into a purchase and sale agreement and still enforce the notice of intent to sell. Meanwhile, some local laws require listing before serving the notice of intent to sell.

Landlords are strongly encouraged to retain an attorney, including for the initial notices.

Also, a generic form may not be legally effective in all local jurisdictions. Some local laws require longer notice periods than state law and/or require specific additional mandatory language. Some local jurisdictions have mandatory eviction notice forms that landlords must use.

Always seek the advice of an attorney before taking any actions that may affect your rights.

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  • Carolyn says:
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    Abandoned property taken over by transient brother
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    Yes, but you will have to give the greater of 90 days or through the end of the lease terms as the date of termination of the tenancy. An owner can sell or move into their property, but if a tenant has an unexpired lease the owner cannot insist the tenant vacate early. The tenant has a contract through the end of the lease term and does not have to vacate until the end of the term.

    The owner would have to sell with the tenant in the tenant unless the parties reach a mutual early termination agreement. Any early termination agreement must give the tenant at least 60 days to vacate.

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    Yes, the language matters and the court may dismiss your eviction case on procedural grounds–no matter how deserving on the merits–if the language is wrong.

    Some documents, such as the 14-day notice, must be in the exact verbiage required by statute. In some local jurisdictions additional specific language must be in the notice and/or additional documents must be served with it.

    There are some multi-state websites that show up in Google results with form generators that create notice forms that will not hold up in Washington courts. We do not post forms for every situation or jurisdiction because the new laws vary and are not simple to implement. Consult with an attorney before serving documents.

    Proper service of an eviction notice (pay rent or vacate, or etc.) requires someone to go to the rental property and knock on the door. While there are detailed instructions on serving eviction notices on this website, it is far wiser to have an attorney advise and assist with every step in the process.

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    It makes no difference whether the agreement was reduced to writing, or was only an oral agreement. If someone is paying you (or is supposed to pay you) to live in your property, you are a landlord and they are a tenant. All the eviction and landlord-tenant laws apply.

    Ironically, in some situations it may be faster to evict a tenant than someone who lives in your property without an obligation to pay.

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    I am in desperate need of an attorney
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    Call 206-801-1188

    or Click the Contact Us Button

    FAQs About Our Law Firm

    Yes. We have successfully handled eviction cases on appeal. There are far more eviction cases being appealed today than in the past. Contact our office about consultation, referral, or association.

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    Yes. Our office represents both commercial landlords and commercial tenants in all manner of disputes including evictions and civil lawsuits.

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    Our office represents only landlords in residential cases. Residential tenants are encouraged to Google the Housing Justice Project and/or the Northwest Justice Project.

    In commercial cases, we represent tenants as well as landlords.

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    Yes. We handle a volume of residential landlord cases including evictions, fair housing complaints, and defending against claims from former tenants.

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    Yes. Our office has successfully litigated disputes over industrial equipment valued in the hundreds of thousands of dollars and commercial leasing disputes involving many tens of thousands of dollars, for example. Contact our office if you have a small business dispute.

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    Eller Law Firm PLLC

    206-801-1188