Notice to Pay Rent or Vacate

Eviction notice forms must comply with all laws–federal, state, and local. Laws frequently change. Use of an older notice may not hold up in court. Use of the state-law form may not be valid where local laws require additional language and/or additional documents with a pay or vacate notice. Seek legal advice if unsure how to proceed.

A Washington landlord who wishes to evict a tenant for non-payment of rent must serve a notice to pay rent or vacate. Serving the pay or vacate notice is legally required if nonpayment is the only legal basis for eviction, even if the landlord just wants the tenant out and is not interested in pursuing the money owed.

Many Washington city and county laws require additional language and/or additional documents to be served with the pay rent or vacate notice. These jurisdictions include Auburn, Burien, Federal Way, Kenmore, unincorporated King County, Kirkland, Seattle, Tacoma, and other jurisdictions. Federal law may require at least 30 days’ notice for certain properties including properties with FHA loans, Fannie Mae loans, Freddie Mac loans, and Section 8 tenants.

• Service of the notice must be in strict compliance with statutory time and manner requirements.
• For residential tenancies, utilities payable to the landlord may be included as rent. Do not include other non-rent items such as late fees or notice fees.
• If an installment plan for non-recurring charges (deposits, last month’s rent) was entered into at the commencement of the tenancy, missed installment payments may be included in the notice.
• More time or additional service methods may be required by the lease.
• Local laws may also impose additional requirements, including additional mandatory language on the notice and/or service of additional documents with the notice. The local forms below are only a partial list. Consult with an attorney if unsure.