WSBA has scheduled the 2026 Landlord‑Tenant Law Update CLE for May 27. I will be presenting the opening session on current litigation trends and the issues shaping landlord‑tenant practice. Washington’s landlord‑tenant framework continues to evolve quickly, with new statutory changes, federal policy shifts, and an increasing volume of appeals. My session will focus on the areas generating the most activity in court and the developments practitioners should be watching. Registration information is available through WSBA.
Blog
160 posts
Washington’s eviction‑notice rules have now been amended in back‑to‑back legislative sessions, and the most significant change for landlords is coming in 2026: the certified‑mail requirement is eliminated effective June 11, 2026. 2025: HB 1003 Made Two Major Mailing‑Related Changes HB 1003 amended RCW 59.12.040 in 2025 and introduced two important shifts. Certified mail became mandatory. HB 1003 required that when a landlord uses substitute service or posting‑and‑mailing, the mailed copy must be sent “by certified mail, posted from within Washington state.” This was a major departure from the long‑standing rule. It also eliminated the old requirement—in place for over a […]
Travis Scott Eller will serve on the panel at the King County Law Library’s Question & Answer Session on March 4, 2026, at 12:00-1:00 p.m. in a virtual session focusing on landlord-tenant law. The panel will also feature two attorneys who represent tenants. Questions must be submitted in advance by registering for the event on the King County Law Library website.
Travis Scott Eller will chair and present at a seminar entitled “Residential Eviction” on April 2, 2026. The Seminar Group, an accredited sponsor with the Washington State Bar, sponsors the seminar. The seminar is pending approval for continuing legal education credit with the Washington State Bar and for real estate clock hours with the Department of Licensing. Mr. Eller’s topic is “Cutting Edge Issues in Landlord-Tenant Law.”
Residential unlawful detainer filings (eviction cases) have seen record volume in Washington in recent years. Most residential unlawful detainer actions proceed no further than a statutory show cause hearing. But what is a show cause hearing? Is it a preliminary injunction hearing? A summary judgment hearing? A hybrid? What burden must the plaintiff meet to gain possession? To gain other relief? Is it the same burden? On appeal, is the standard of review de novo, or abuse of discretion? The answers to these questions were clarified by the recent Court of Appeals decision in Egbert v. Jorgensen. As Division Two […]
A new law enacted by the City of Tacoma exempts public housing and low-income rental housing providers from the winter eviciton ban and school year eviciton ban. The law also exempts owners of four or fewer units from the cold weather eviction ban (but not from the school year eviction ban). The fewer than five units exemption matches Seattle’s winter eviction ban exemption. All owners may petition a court for relief from various provisions upon demonstrating undue hardship. Some of the changes of broader application are summarized below. This short summary is not a substitute for legal advice. If you […]
Attorney Travis Scott Eller will present at a King County Law Library Landlord-Tenant Q&A session June 18, 2025. Registration is free but limited. For more details or to register go the King County Law Library website.
Washington has a new rent control law that went into effect immediately. The law caps rent increases at the lesser of 7% plus inflation or 10%. Rent increases must be in a form with mandated language and must give the tenant at least 90 days’ notice. The notice must be served in accordance with RCW 59.12.040, which is the same statute defining how pay or vacate and similar notices are served. This statute has also been changed recently. If a landlord serves a notice that increases the rent beyond the rent cap, the tenant must provide the landlord with an […]
Landlords must serve predicate eviction notices (notice to pay rent or vacate, notice to comply or vacate, notice of intent to sell, etc.) in strict compliance with statutory time and manner requirements. Even if the tenant receives the notice, failure to serve strictly in a legally correct manner will result in the court’s dismissal of the eviction case. Service of the notice requires someone to go to the property and knock or ring. In some scenarios, mailing is required in addition to service at or on the door. The manner of mailing changes under the new law. Under previous law, […]
Attorney Travis Eller chaired a legal education seminar on March 27, 2025, for the Seminar Group. In addition to acting as chair for the seminar, Travis Eller presented on Federal and State Updates. Attendance was roughly double compared to recent years, and feedback on both the seminar and Mr. Eller’s presentation was generally very positive. The seminar is approved for legal education credits in both Washington and California, and for real estate clock hours in Washington. The Residenital Evictions seminar is available for download on the Seminar Group website.