Washington’s eviction‑notice rules have now been amended in back‑to‑back legislative sessions, and the most significant change for landlords is coming in 2026: the certified‑mail requirement is being eliminated. HB 2664 has passed both chambers unanimously and is currently on the Governor’s desk. He is expected to sign it, which would give the bill an effective date in June 2026.
2025: HB 1003 Made Two Major Mailing‑Related Changes
HB 1003 amended RCW 59.12.040 in 2025 and introduced two important shifts.
- Certified mail became mandatory. HB 1003 required that when a landlord uses substitute service or posting‑and‑mailing, the mailed copy must be sent “by certified mail, posted from within Washington state.” This was a major departure from the long‑standing rule. It also eliminated the old requirement—in place for over a century—that the mailing be deposited in the same county where the property is located. HB 1003 removed that county‑specific rule entirely.
- The mailing extension increased from one day to five. For more than a century, Washington law allowed one extra day when mailing was required as part of substitute service or posting‑and‑mailing. HB 1003 expanded that to five days: “five additional days shall be allowed before the commencement of an action.” This five‑day extension remains in place.
A critical clarification: mailing is never a standalone method of service. Washington law does not allow service by mail. Mailing is required only when combined with substitute service (hand to a person of suitable age and discretion and mail) or posting‑and‑mailing (post on the door and mail). HB 1003 did not change this.
2026: HB 2664 Removes Certified Mail and Changes the Mailing Address Rule
HB 2664 revisits the same statute and simplifies the mailing requirements.
- Certified mail is eliminated. HB 2664 removes the certified‑mail mandate entirely. Once effective, landlords will again mail notices by regular first‑class mail, properly addressed and postage prepaid. HB 2664 also continues the HB 1003 change eliminating the old same‑county mailing requirement. There is still no requirement that the mailing be deposited in the county where the property is located.
- Mailing must be to the tenant’s residence. For over a century, the statute required mailing to the tenant’s last known address. HB 2664 changes this to the tenant’s place of residence: mailed “to the person’s place of residence.” This shift may matter in commercial tenancies and in residential tenancies in some circumstances.
- The five‑day mailing extension remains. HB 2664 keeps the same rule: “five additional days shall be allowed.”
- The date‑certain requirement remains. Termination notices must still specify the exact date by which the person must comply or vacate.
What Landlords Should Expect
Current law (through mid‑2026):
- Certified mail is required when mailing is part of service.
- Five extra days must be added for mailing.
- Notices must include a date certain.
- Mailing is only valid when paired with substitute service or posting‑and‑mailing.
- No same‑county mailing requirement.
After HB 2664 takes effect (expected June 2026):
- Certified mail will no longer be required.
- Regular first‑class mail will again be sufficient.
- Mailing must be to the tenant’s residence.
- The five‑day extension and date‑certain requirement remain.
- No same‑county mailing requirement.
Final Notes
HB 2664 is a legislative correction to the burdens created by HB 1003, while keeping the clarity improvements from 2025.
