What mistakes commonly delay evictions?

Common Mistakes That Delay Evictions in Washington State

Evictions can be a challenging and stressful process for landlords in Washington State. Navigating landlord-tenant laws carefully is essential to executing an eviction smoothly and promptly. However, many landlords inadvertently make mistakes that cause significant delays, increasing costs and complicating the process. Understanding these pitfalls specific to Washington’s eviction rules can help landlords avoid unnecessary setbacks and protect their rental business.

Below are some of the most common mistakes landlords in Washington make that delay evictions, along with practical tips to avoid them.

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1. Improper or Incomplete Notice Delivery

In Washington, the eviction process always begins with serving the tenant a proper notice. A common and costly mistake is failing to provide the correct notice in the legally required form, or delivering it improperly.

Key Points to Remember:

• Use the Correct Type of Notice: Depending on the reason for eviction, landlords must serve the appropriate notice:

- 14-Day Pay or Vacate Notice for nonpayment of rent. - 10-Day Notice to Comply or Vacate for lease violations. - 20-Day Termination Notice for month-to-month tenancy.

• Follow Notice Requirements Exactly: Notices must clearly state the reason for eviction, the amount due (if applicable), and the timeframe the tenant has to comply or vacate.
• Proper Service Methods: Notices can be delivered in person, by mail, or by posting if the tenant cannot be found. Washington law specifies acceptable methods; failure to correctly serve can invalidate the process.
• Document Delivery: Keep signed affidavits or receipts demonstrating proof of notice delivery to avoid disputes.

Why Delays Occur

Tenants may claim they never received a notice or that the notice was incorrect, causing the landlord to restart the process. Also, improperly served notices may be rejected by courts, effectively resetting the eviction timeline.

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2. Failing to Comply with the Tenant’s Right to Cure

Washington law requires landlords to give tenants an opportunity to cure lease violations, such as unpaid rent or breaches of lease terms, during a designated time frame.

Important Considerations:

• The notice period specifically provides tenants the chance to correct the violation to avoid eviction.
• If a landlord attempts to file an eviction before the cure period expires, the case may be dismissed.
• For “pay or vacate” notices, tenants have 14 days to pay the rent owed or move out. Filing after less than 14 days will cause delays.

How to Avoid Delay

Be patient and ensure the full notice period elapses before filing for eviction. Attempt communication with the tenant, document all efforts, and confirm that deadlines have passed.

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3. Incorrect or Incomplete Filing of the Eviction Lawsuit (Forcible Entry and Detainer)

Once a notice period expires without resolution, landlords must file for eviction (called a “Forcible Entry and Detainer” or FED in Washington courts). Common mistakes in this step include:

• Incomplete or inaccurate paperwork: Omitting required information or not following court forms exactly.
• Wrong court jurisdiction: Filing in the wrong county or court delays the case.
• Failure to serve the tenant with summons and complaint properly: This must be done timely and correctly for the case to proceed.

Tips to Prevent Issues:

• Obtain and use the current FED forms provided by the Washington courts.
• Confirm the property location county for filing.
• Use professional process servers or certified mail with return receipt to ensure service proof.
• Maintain detailed records of all filings and service attempts.

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4. Not Preparing Adequate Evidence for the Court Hearing

Eviction hearings typically proceed quickly, and landlords must be prepared to prove their case. Lack of proper evidence can delay judgment or even cause dismissal.

Essential Evidence Includes:

• Copy of the signed lease agreement.
• Copies of all notices served.
• Payment records showing rent delinquency.
• Photographs or other evidence of lease violations.
• Documentation of communications with the tenant.

Without this evidence readily available and organized, landlords may need to seek continuances or risk losing the case.

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5. Ignoring Washington’s COVID-19 and Other Temporary Eviction Moratoriums or Requirements

Though some emergency eviction bans have expired, Washington occasionally implements tenant protections or mandates additional requirements for eviction filings, such as:

• Requiring landlords to inform tenants about rental assistance programs.
• Imposing waiting periods before filing.
• Mandating attempt at mediation or dispute resolution.

Checking the latest local court rules and state guidelines before initiating eviction is critical to avoid procedural dismissal or delays.

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6. Attempting “Self-Help” Evictions or Lockouts

Washington law strictly prohibits landlords from forcibly removing a tenant or their belongings without court order. Examples of illegal self-help actions include:

• Changing locks without court authorization.
• Turning off utilities to force vacancy.
• Removing tenant property.

Landlords engaging in such actions risk criminal penalties or being sued by tenants, leading to delays and legal expenses.

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Summary: Best Practices to Avoid Eviction Delays

• Serve the correct legal notice type using approved methods; document everything.
• Respect cure and notice periods fully before filing.
• File eviction cases in the right court with complete, accurate paperwork.
• Use proper service of process to inform the tenant of legal action.
• Bring thorough evidence and documentation to court.
• Stay updated on Washington’s landlord-tenant laws and any current moratoriums or requirements.
• Never attempt self-help removal; always seek court enforcement.

By carefully following Washington’s eviction laws and avoiding these common mistakes, landlords can reduce costly delays and regain possession of their properties efficiently. Consulting with a knowledgeable attorney or local landlord associations can also provide valuable guidance tailored to specific cases.