Starting the eviction process as a landlord in Edmonds, Washington, can feel like a complex undertaking. Washington State's landlord-tenant laws are precise, designed to protect both parties, and strict adherence to legal procedures is essential. This comprehensive guide will explain the necessary steps to initiate an eviction in Edmonds, helping you ensure compliance with all state and local regulations.
Understanding Washington State and Edmonds Specifics
Before delving into the steps, it's vital to grasp the legal framework for evictions in Washington. The Residential Landlord-Tenant Act (RCW 59.18) is the primary state law. While Edmonds is within King County, which has some additional tenant protections, the core eviction process remains largely dictated by state law. It is always wise to consult the King County website for any local ordinances that might apply.
Recent legislative changes in Washington State, such as the "Right to Counsel" program for low-income tenants, can influence the timeline and difficulty of eviction cases. This program aims to ensure tenants have legal representation, which can extend the process as cases are more likely to be contested.
Eviction filings in Washington State have seen a significant increase in recent years. Data indicates that statewide filings reached an all-time high in 2024, showing a 53% increase since 2019. January 2025 recorded the highest monthly filing total observed seasonally, with February and March 2025 being just slightly lower. In King County alone, eviction filings in January 2025 were 66% higher than pre-pandemic levels. The state's eviction rate is 2.1%, which is above the historical average since July 2023. King County specifically saw 7,362 eviction filings in the 12 months leading up to August 2024, making it the county with the highest number of filings in the state. These figures underscore the importance of landlords meticulously following legal procedures.
Evictions in Edmonds, Washington
The average eviction process in Washington State can vary significantly. While some sources suggest a process as short as three weeks from start to finish, particularly for non-payment of rent where there is no tenant response, the involvement of the "Right to Counsel" program and other factors can lengthen the timeline. Some reports indicate that, with current legal changes, the entire eviction process can take anywhere between nine and 18 months, compared to approximately six months before recent legislative adjustments.
Step 1: Establish Legal Grounds for Eviction
You cannot simply evict a tenant without a valid, legally recognized reason in Washington State. Common reasons for eviction include:
- Non-payment of Rent: This is the most common reason for an eviction filing.
- Violation of Lease Terms: This could encompass unauthorized pets, excessive noise, or property damage not considered normal wear and tear.
- Illegal Activity: Engaging in unlawful activities on the rental premises.
- End of Lease Term (for specific types of tenancies): While some month-to-month tenancies or the end of a fixed-term lease may allow for termination, there are specific notice requirements. In King County, "just cause" eviction protections might require a specific reason even for month-to-month tenancies or non-renewal of leases. For instance, if you plan to sell the property, you might need to provide a 90-day notice.
Step 2: Serve the Appropriate Eviction Notice
This is the crucial first step in the formal eviction process. The type of notice and the required timeframe depend entirely on the reason for eviction. Serving notice improperly can lead to significant delays or even dismissal of your eviction case.
Here are the most common types of notices:
- 14-Day Pay or Vacate Notice: This notice is for non-payment of rent. It informs the tenant they have 14 days to pay the overdue rent in full or vacate the premises. This is mandated by RCW 59.18.650.
- 10-Day Comply or Vacate Notice: Used when a tenant has violated a term of their lease agreement (e.g., unauthorized pet, excessive noise, or other non-monetary breach). This notice gives the tenant 10 days to correct the violation or move out.
- 3-Day Notice to Quit: This is for serious violations such as committing waste or nuisance upon the premises, engaging in unlawful activity, or other substantial or repeated and unreasonable interference with the use and enjoyment of the property by others. This notice does not allow for a cure.
- 20-Day Notice to Terminate Tenancy: For month-to-month tenancies or at the end of a fixed-term lease where the tenancy does not automatically renew, landlords typically need to provide a 20-day notice to terminate the tenancy. However, in King County, "just cause" eviction protections might require a specific reason even for month-to-month tenancies or non-renewal of leases.
- 60-Day Notice to Vacate for "Other Good Cause": This applies if there's a legitimate economic or business reason not explicitly covered by other grounds for eviction. The court may even grant a stay of a writ of restitution for up to 60 additional days if the tenant shows good cause, like difficulty securing alternative housing.
Proper Service of Notice: To properly serve notice, it must be:
- Physically posted on the property.
- Sent via certified mail with a requested return receipt. This creates a paper trail proving the notice was sent.
It is essential to document the date and method of service for your records.
Step 3: Wait for the Notice Period to Expire
Once the notice is served, you must wait the full notice period (e.g., 14 days, 10 days, 3 days, 20 days, or 60 days) before proceeding. During this time, the tenant has the opportunity to remedy the violation (if applicable) or vacate the property.
Step 4: File an Eviction Lawsuit (Unlawful Detainer Action)
If the tenant does not comply with the notice by the specified deadline, you can then file an eviction lawsuit, formally known as an "unlawful detainer action," in the appropriate court. For Edmonds, this would typically be King County Superior Court.
The unlawful detainer complaint will need to include:
- The factual circumstances that led to the eviction.
- A description of the property.
- Any damages or compensation you are seeking (e.g., unpaid rent).
Step 5: Serve the Summons and Complaint
After you file the complaint, the court will issue a summons. This summons, along with a copy of the complaint, must be formally served on the tenant by a third party. This can be the county sheriff, a sheriff's deputy, or a professional process server who is at least 18 years old and not involved in the case.
The summons must be served at least five days before the return date listed on it, and it is returnable between seven and 30 days from the date of service. There are fees associated with having the sheriff serve the summons.
Step 6: Tenant's Response and Court Hearing
Once served, the tenant has a limited time (typically 7 to 30 days, depending on how they were served) to file a written answer with the court.
- If the tenant does not respond: You may be able to file for a default judgment, which can accelerate the eviction process.
- If the tenant does respond and contests the eviction: A court hearing will be scheduled. This is known as a "Show Cause" hearing in Washington. Both parties will have the opportunity to present their case, evidence, and any defenses. As a landlord, you must prove the legal grounds for eviction and that you followed all proper procedures. The "Right to Counsel" program for low-income tenants means they are likely to have legal representation at this stage, which can lead to more thorough legal arguments.
Step 7: Obtain a Writ of Restitution
If the judge rules in your favor, a court order for eviction, known as a "Writ of Restitution," will be issued. This writ is the legal document that authorizes the sheriff to physically remove the tenant from the property.
Step 8: Enforce the Eviction
The final step is the enforcement of the eviction. You cannot personally remove the tenant or their belongings. Only the county sheriff or other authorized law enforcement officers can execute the Writ of Restitution. They will schedule a time to oversee the tenant's removal from the property.
Important Considerations Edmonds Landlords
The eviction process, while legally defined, requires meticulous attention to detail and unwavering adherence to procedure. For landlords in Edmonds, Washington, understanding these key considerations can make a significant difference.
- Documentation is Key: Maintain meticulous records of all communications, notices served, lease agreements, payment history, and any evidence of lease violations. This documentation will be crucial if your case proceeds to court. A professional property management service can handle this extensive record-keeping, providing you with peace of mind and a strong legal foundation.
- No Self-Help Evictions: It is illegal in Washington State for a landlord to use "self-help" eviction methods, such as changing locks, shutting off utilities, or removing a tenant's belongings. All evictions must proceed through the formal court process. Attempting to circumvent this can lead to severe legal penalties.
- Tenant Belongings: If a tenant leaves belongings behind, Washington State law specifies how these items should be handled to avoid legal complications. You generally need to store them safely and provide notice to the tenant for retrieval before you can dispose of them. Property managers are well-versed in these requirements, ensuring compliance and minimizing your liability.
Eviction Help for Landlords
Given the complexities and potential pitfalls of the eviction process, many landlords choose to partner with a professional property management company. These companies specialize in landlord-tenant law, ensuring all eviction procedures are followed precisely. From serving proper notices and maintaining thorough documentation to coordinating with legal counsel and navigating court proceedings, a property management company can significantly reduce your stress and protect your investment. They offer expertise in handling challenging tenant situations, allowing you to focus on your other priorities while knowing your property is in capable hands.
Considering professional help with your Edmonds property? Contact The Joseph Group today to learn how our comprehensive property management services can benefit you.
