Attorney Travis Scott Eller frequently presents at continuing legal education and industry group seminars. He presented at the Rental Housing Association 2024 Spring Workshop and Tradeshow on March 23 on the subject “Today’s Eviction Process.” Topics included drafting and serving predicate notices, the CARES Act, recent case law, good cause to evict under state and local laws, and various other topics related to landlord-tenant law and evictions. Travis Eller completed a three-day National Institute for Trial Advocacy workshop on advanced public speaking for attorneys and is active in an advanced Toastmasters club. In addition to handling a volume of residential […]
Washington Eviction Process
9 posts
Landlord-tenant law of only a few years ago is almost unrecognizable today. Below is a bullet-point list of some of the more important developments. An article cannot list all the changes or analyze them in depth. Consult with an attorney about your circumstances. CARES Act The federal CARES Act applies to any property with a federally-backed loan (Fannie Mae, Freddie Mac, etc.) and any unit with a Section 8 tenant. The CARES Act may apply if any tenant in any unit is a Section 8 voucher tenant, if the owner received a mortgage forbearance, and other circumstances. Courts may require […]
The summons and complaint must be served by a non-party (someone other than the landlord) and served into the hands of a tenant or other resident of the rental unit. This is in contrast to the initial eviction notices. A 3-day notice to pay rent or vacate, 10-day notice to comply or vacate, or 20-day notice to terminate a month-to-month tenancy may be served by the landlord. These notices may be served by the landlord themselves, and on anyone, whether they reside in the rental or not, as long as copies are also mailed to the rental property. If no […]
Some tenants avoid service of the initial eviction lawsuit pleadings. The initial pleadings are a summons and a complaint. The summons and complaint must be served by a disinterested non-party (not the landlord) and must be placed into the hands of a resident of the rental property. If the tenant avoids service—a common problem—once the process server makes several attempts at personal service the landlord can file a motion in court to allow service of the summons and complaint by posting and mailing. Service of the summons and complaint is only legally valid if there is a court order. (This […]
A Seattle residential eviction with a complicated procedural history was recently upheld on appeal.[1] The lease expired and the tenancy continued month-to-month. After a parking dispute between the tenants and a neighbor, the landlord served a notice terminating the tenancy indicating that a member of the landlord’s immediate family intended to reside in the rental property. The tenants did not vacate, forcing the landlord to bring an eviction action. In Seattle residential tenancies just cause is legally required to evict a tenant, even if the tenant is month-to-month. The landlord is required to state the just cause eviction grounds in […]
A landlord believed the lease required the tenant to pay $2,000 per month in rent. The tenant believed the lease required only $1,200 rent per month. For about a year and a half, the tenant paid and the landlord accepted without objection the $1,200 in rent. The landlord then served a notice to pay rent or vacate, demanding the $800 per month for the entire period. The notice to pay rent or vacate named the tenants as individuals “d/b/a KYB Farm” rather than the tenant’s correct name, “KYB FARMS, Inc.” The tenant offered $1,200 for the current month, which was […]
Any LLC or corporation appearing as a party in a lawsuit must be represented by an attorney. A non-lawyer cannot represent a professional services corporation, even if he or she is the corporation’s sole director, officer, and shareholder. This rule applies in eviction cases (a.k.a. unlawful detainer actions), and applies whether the property is commercial or residential. The Washington Court of Appeals applied this rule a couple of years ago.[1] A dentist and his commercial landlord were in a long-standing dispute over common area maintenance charges. The commercial landlord served a notice to pay rent or vacate then brought an […]
A tenant and her landlords disputed certain conditions in the property. The landlords believed the tenant was allowing damage to the property by improperly leaving windows open. When the tenant requested certain repairs, the landlords while in the property making the unrelated repairs nailed a window shut and disabled another window so that it could only be opened a few inches. Eventually, the landlords brought an eviction against the tenant. The tenant made counterclaims. The tenant moved out while the eviction was pending. The trial court moved the case to the Mandatory Arbitration calendar. The landlords’ attorney withdrew, […]
The buyer of a house at a foreclosure auction is generally entitled to possession twenty days after the foreclosure sale, but with protections of tenants of the former owner under both state and federal laws. If the occupants to not vacate, the buyer may evict via an unlawful detainer action the occupants of the foreclosed property. A recent Washington Supreme Court case clarified that attorney fees are not available in a post-foreclosure eviction action.[1] If you have purchased a foreclosed property that has occupants, and have questions about obtaining possession – contact our law firm for a free initial […]