Residential Evictions

Landlord-tenant law is much more complex, nuanced, and hyper-technical than in the past.

Manner of service. Courts scrutinize service of eviction notices and rent increases. The technicalities of service are strictly construed against the landlord. Technicalities in the manner of service, even if the tenant received the document, may result in dismissal of the eviction. A new law changes the time and manner requirements for serving eviction notices. Failure to comply with the new requirement will likely result in dismissal of an eviction case by the court.

Form and content requirements. Even the failure to use bold font for a few words in the initial pay or vacate, or other eviction notice, may lead a court to dismiss an eviction case.

Rent increases. There are new state laws capping rent increases, mandating the use of a rent increase form, and changing the manner of serving rent increases. Federal and/or local laws may also apply.

No-cost tenant attorneys. Washington residential tenants have a legal right to an attorney at no cost. The tenant attorneys are knowledgeable in landlord-tenant law and often very effective in defending eviction cases, especially against unrepresented landlords or attorneys less experienced in landlord-tenant law. It is more important than ever to have an experienced landlord-tenant attorney in your corner from square one, from drafting and serving the initial notice through the entire eviction litigation process.

Commerical 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.

Post-Foreclosure Evictions

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).

Ejectment

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 per Court of Appeal decisions. For these scenarios, the property owner must bring an ejectment action. An unlawful detainer action may not be possible.

It may be possible to evict tenants with an ejectment action, but this is not always an ideal procedure for a landlord, and courts may reject an ejectment action against a tenant in some situations.

Consult with an attorney for advice about whether an ejectment action may be possible, prudent, or perhaps required.