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 current law, regular first-class mail is required, and the mailing must be from the same county. Under the new law, certified mail is required (again, in addition to service at the property), but from anywhere in Washington, not necessarily the same county where the rental property is located.
After mailing, there is a five-day waiting period before the landlord may take additional action. The new law does not clearly indicate whether it requires landlords to account for the five days in the date-certain calculation.
All notices will have to have a date certain to vacate (or comply where applicable) under the new law. Under current law, this is required for some, but not all, notice types.
The new law goes into effect on July 27, 2025. The effect of the new law on notices served prior to that date is not clear. Tenant attorneys may argue that the new law applies to all pending eviction cases, forcing landlords to start eviction cases over.
Most Washington residential tenants qualify for an attorney at no cost.
It is best to seek legal advice before serving any predicate eviction/tenancy termination notices.
