Letting a friend or family member stay with you during a tough time feels like the right thing to do. But if the arrangement goes on longer than expected, getting that person to leave can be more complicated than most people realize.
When Does Someone Become a “Resident”?
Washington law doesn’t give a simple, bright‑line rule for when someone becomes a resident. In general, it comes down to whether they live there.
• An overnight guest is not a resident.
• Someone who has been staying for an extended period and whom everyone would agree “lives there” is a resident.
• Many situations fall somewhere in between.
Why Residency Matters
If a person has established residency, you cannot simply tell them to leave or change the locks. Removing a resident requires a court order. In fact, law enforcement may allow the occupant to break their way back in if the owner locks them out.
What If There Are Safety Concerns?
If there is violence or threats of violence, you may be able to obtain a protection order. If not, the only legal path to remove the person is through an eviction process.
Eviction Options: Unlawful Detainer vs. Ejectment
Most evictions in Washington use a process called an unlawful detainer action, which applies to tenants who fall under specific statutory definitions.
But not everyone staying in a home qualifies as a “tenant” under those statutes. For example, someone who is allowed to stay in the property at the owner’s discretion with no obligation to pay rent is considered a tenant‑at‑will.
A tenant‑at‑will is not covered by the unlawful detainer statutes. That means the property owner must instead file an ejectment action, which is an older, more general legal process used before modern eviction laws existed.
Why Ejectment Can Be More Complicated
Ejectment actions can:
• Take longer than unlawful detainer cases (though no longer always true)
• Service of process may be more difficult
• Allow the occupant to raise unlimited counterclaims, which can expand the scope of the case
There May Be Other Options
Depending on the facts, there may be legal arguments or strategies that avoid the need for an ejectment action. Because this area of law is nuanced and fact‑specific, it’s wise to speak with an attorney before taking action.