Eviction Notice Forms

Landlord-tenant law has dramatically changed and is increasingly complex and nuanced. Laws affecting notices and the eviction process change frequently. Because there are so many newer laws, judicial interpretations vary, and frequent new court rulings impact drafting and enforcement of notices.

Local and federal laws may apply to a rental property and require additional language and/or other requirements for service of notices.

Courts may award attorney fees and other damages for defective or stale notices.

Given the challenges in landlord-tenant law, we conclude it is not prudent to provide fill-in-the-blank notice forms for residential landlords. This website has general information about some (but not all) Washington jurisdictions regarding landlord predicate notices. This general information is not a substitute for legal advice. Consult an attorney before taking any actions that might affect your rights and/or expose you to liability.

Cause is required in Washington state to evict a tenant, with only a few narrow exceptions.  Below is a partial list of legal causes under the Washington Residential Landlord-Tenant Act.

• Nonpayment of rent (Notice to Pay Rent or Vacate).

Eviction for nonpayment requires serving a notice to pay rent or vacate.  Rent is defined as “recurring and periodic charges identified in the rental agreement for the use and occupancy of the premises.”

A tenant’s right to possession may not be conditioned on a tenant’s payment or satisfaction of any monetary amount other than rent. Therefore, late fees and other nonrecurring charges should never be demanded on any notice.

• Comply or vacate (“10-day” notice).

Substantial breach of either:

• material program requirement of subsidized housing,
• material term of the lease or rental agreement, or
• tenant obligation imposed by law (other than one for monetary damages)

Generally, ten days’ notice is required, but if the noncompliance substantially affects health or safety, thirty days’ notice may be required.

• Waste/nuisance/unreasonable interference with use and enjoyment.

Waste/nuisance type evictions are among the most difficult to prove in court. Consult with an attorney if you are considering evicting a tenant for waste/nuisance.

• Occupy as principal residence.

Landlord seeks possession 1) so that the owner or immediate family member may occupy the unit as that person’s principal residence, and 2) no substantially equivalent unit is vacant and available. If the tenant is in an unexpired lease, the notice of intent to occupy does not end the lease early.

• Selling a single-family residence. 

The owner elects to sell a single-family residence (as statutorily defined) and provides 90 days’ notice. The calculation of the 90-day period is open to varying interpretations of the statute. As with all grounds for eviction, the 90-day period may be longer under some local laws.

Under appellate case law if there is already a purchase and sale agreement, an intent to sell notice might not be valid.

If the tenant is in an unexpired lease, the notice of intent to sell does not end the lease early.

• Sharing a residence. An owner or lessor who shares a dwelling unit or access to a common kitchen or bathroom may terminate a tenancy with at least 20 days’ notice.