Commercial Evictions

1. Eviction Notice (Pay Rent or Vacate, Comply or Vacate, Notice to Terminate Tenancy, etc.)

Most evictions begin with a written notice (a/k/a "predicate notice", “unlawful detainer notice”, or “eviction notice”).  This is required even if the landlord believes the tenant cannot pay, or the landlord does not wish to give an option to cure and just wants the tenant out.

Holdover exception: if the lease expires and the tenant holds over, notice may or may not be required depending on:

• • Lease terms
  • Agreements between parties
  • Course of dealing
• But accepting rent after expiration creates a month‑to‑month tenancy.

See our commercial eviction forms page.

2. Pre‑Trial Writ of Restitution

Commercial landlords may seek early possession before trial under RCW 59.12.090.

• Court sets a bond to protect the tenant if the landlord ultimately loses.
• Courts often set high bonds because the landlord is getting possession early.
• The case still proceeds to trial — the writ does not end the lawsuit.

3. Doubling of Rent in the Judgment

Under RCW 59.12.170, the court must award twice the rent for the period the tenant was in unlawful detainer.

Legal nuance:

• Statute refers to damages and rent.
• Case law suggests doubling may apply only to base rent, not NNN or “additional rent.”
• Courts vary in how they apply this.

4. Bankruptcy Considerations

Commercial tenants file bankruptcy far more often than residential tenants.

Key rules:

• Filing triggers the automatic stay — all eviction activity must stop.
• If a writ was already issued, the stay lasts 30 days unless extended.
• Tenant may extend the stay by depositing post‑petition rent with the court.
• Tenant may assume the lease under § 365, which can affect possession and damages.

This is often the single biggest delay factor in commercial cases.

6. Show Cause Hearings

Although the commercial statutes do not expressly authorize show cause hearings, Washington courts allow them.

• IBF, LLC v. Heuft, 141 Wn. App. 624 (2007)
• Courts may resolve possession issues at show cause.
• If factual disputes exist, the court may set the matter for trial.

7. Sheriff Bond

Commercial landlords must post:

• The sheriff’s fee to serve and execute the writ, and
• A sheriff bond (RCW 36.28.050; RCW 59.18.390(1)).

This is just a short list of points to consider in commercial evictions in Washington. Contact our landlord-tenant attorney for more information about commercial evictions and your circumstances.