Navigating Tenant Eviction in Vancouver, WA A Guide for Landlords

Landlords often have to deal with very unpleasant and stressful situations. For many landlords, one of the hardest is evicting a tenant. As a landlord in Vancouver, Washington, you need to be aware of the state and local eviction laws that must be complied with. Here is a quick primer on eviction and why you need to have an attorney like Mcaleer Law assist you in your eviction matter.

Understanding Washington State Tenant Eviction Laws

The Residential Landlord-Tenant Act (RLTA) is the statute that provides the framework for the eviction of renters in Washington State, including Vancouver. Here are a few of the key elements of the statute.

Tenant Protection: Just Cause Required Renters are typically protected by requiring landlords to have just cause to evict a tenant. The most common just cause for eviction is non-payment of rent, but just cause can also include other reasons such as: – repeated lease violations – substantial damage to the rental property – drug-related offenses – when the landlord intends to: – occupy the rental property themselves – sell the rental property to a new buyer

Eviction Notice Requirements The type and amount of notice required in an eviction notice served on a tenant can vary depending on the reason for the eviction and the length of time the lease agreement was entered into.

No “Self-Help” Evictions A landlord cannot evict a tenant by “self-help.” “Self-help” evictions refer to lockouts, utility shut-offs and other measures by which a landlord attempts to force a tenant to leave premises without going to court. Eviction a tenant by “self-help” can have serious legal consequences.

Tenant Protections The state has a large number of protections for renters. For example, fair housing requirements, privacy and due process rules that can be violated in an eviction case.

The Eviction Process in Vancouver: Step-by-Step

A lawful eviction in Vancouver typically involves the following stages:

If you have a problem with your landlord and you wish to have the assistance of the Court, then you have to start by serving what is called a proper written notice. This notice will be different for different circumstances.

Rent not paid in full: A 14-Day Notice to Pay Rent or Quit is required. Landlord must give tenant at least 14 days’ notice to pay the past-due rent or move out.

Lease Violations (non-curable) A 10-Day Notice to Comply or Vacate can be used for lease violations that are non-curable, including but not limited to structural damage.

Lease Violations (curable) If you discover a problem in the lease agreement that can be corrected (example: a tenant has a pet when the lease agreement states none are allowed) you need to send a notice to the tenant. You must allow the tenant enough time to correct the lease violation (usually 10 days or so). Once you have given the proper amount of notice, you will need to send a pay or vacate notice to the tenant.

Termination of Tenancy (no cause – rarely applicable now) A 20-day notice may be used to terminate a month-to-month tenancy for no cause at all. Recent “just cause” law changes in Washington place many restrictions on terminating a tenancy for no cause at all. We would recommend talking to an attorney if you would like to terminate a tenancy without regard to any breaches of the lease or tenancy.

Tenant, landlord: WAIT FOR THE NOTICE PERIOD TO EXPIRE This is the period of time referred to in the formal notice. It must be respected. It is forbidden to the landlord to file an application to Court before the expiry of this notice period. Proofs of service of the formal notice should be kept.

File an Unlawful Detainer Action: If the tenant does not pay the rent or leave the premises after the notice has been given, an Unlawful Detainer action can be filed in Clark County Superior Court. Here are the procedures and form number for an Unlawful Detainer action:

  • We assist with preparation and filing of a Complaint for Unlawful Detainer, a Summons and a Motion for Order to Show Cause.
  • Paying the required filing fees.
  • Properly serving the tenant with the summons and complaint.

The Court sets a date for a hearing, to which the landlord and tenant may be required to appear. Before a landlord can evict a tenant, the Court must determine that the landlord has a valid reason to do so, and that the proper procedures have been followed in serving the notice to the tenant.

Writ of Restitution: If the court rules in favor of the landlord, the court will issue a Writ of Restitution. A Writ of Restitution is a court order that is given to the Clark County Sheriff’s Office who then physically removes the tenant and the tenant’s property from the rental property.

Sheriff Eviction The landlord works with the Sheriff’s Office to arrange a date for the writ to be executed. The Sheriff will then carry out the eviction by posting a writ and removing the tenant. The landlord is not allowed to be present.

Common Eviction Pitfalls to Avoid

Landlords who attempt to handle an eviction without an attorney inevitably make a whole host of critical errors, the consequences of which can be financially ruinous and waste weeks of time. Here are a few of the most common.

  • Serving Improper Notices: Using incorrect forms, providing inaccurate information (e.g., incorrect rent amount), or failing to specify the precise lease violation can invalidate the notice.
  • Improper Notice Service: Washington law has strict rules on how notices must be served. Hand-delivering, posting and mailing, or other allowed methods must be executed correctly, and proof of service (like a declaration of service) is essential.
  • Accepting Partial Rent Payment: Accepting partial rent after serving a 14-Day Notice can sometimes waive the landlord’s right to evict based on that specific notice. Consult with an attorney before accepting any payments during the eviction process.
  • Engaging in Prohibited “Self-Help” Tactics: As mentioned, lockouts, utility cut-offs, or removing tenant property outside of the legal process are illegal and can result in significant damages awarded to the tenant.
  • Underestimating the Timeline and Cost: Evictions can take several weeks or even months to resolve through the court system. Consider all associated costs, including filing fees, service fees, and legal representation.

Washington State Landlord Tenant Law is very complex and it is easy to make an error that can cost you a significant amount of money. We strongly recommend retaining counsel. Evictions are a common occurrence in the rental market and at Mcaleer Law we offer substantial experience and knowledge regarding landlord-tenant disputes and eviction proceedings. Our experienced attorneys assist you throughout every stage of an eviction:

Eviction Notices by an Attorney for Valid Eviction Process Prior to attempting to legally evict a tenant, it is essential to have an attorney review the lease that the tenant entered into, any rental history, and any prior complaints or citations that may have been issued to the tenant, in order to make sure that an eviction notice is valid.

Proper Notice Service: The lawyers at McAleer Law can assist in the proper service of a notice to help you avoid having to defend your notice service at a future hearing if the tenant contests the method of service.

As a landlord, being proficient in the courtroom may be the difference between winning and losing your unlawful detainer case. You need to be familiar with relevant evidence and legal arguments to effectively argue your case. At McAleer Law, we offer highly competent and professional court representation.

Every Landlord, Tenant and Real Estate Broker should have their lease reviewed and interpreted by an attorney to ensure that it does not cause any unnecessary problems or delays in renting a piece of property, and to reduce the likelihood of a landlord having their rent delayed or being forced to arbitrate disputes over rent with a tenant. Unfortunately, this is a small price to pay in order to avoid all the headaches that could otherwise arise as a result of a lease that is not adequate in all respects to protect the interests of all parties concerned. Such problems can cost a landlord

Strategic Guidance Renting out a house can be a very rewarding venture but it also can be a very challenging one. We assist landlords dealing with a variety of situations such as non paying tenants, lease violations and many other issues.

Alternatives to Eviction

Landlords do not have the option to negotiate eviction in most cases. Prior to taking the matter to court, the landlord will attempt to deal with any problems that have arisen on the premises and attempt to negotiate a solution to the conflict.

  • Landlord Financing Open Communication What is the number one thing you can do to fix issues with rent payments and lease agreements? Open communication.
  • Mediation Services Mediation Services allows the landlord and the tenant to reach an agreement on the dispute.
  • Renters may experience short periods of time in which they are unable to afford the full amount of rent to be paid on time or will experience sporadic difficulties in affording full payment of rent due. In these situations a payment plan may be arranged for past due rent.
  • Mutual Termination of Tenancy The lease can also be terminated mutually by the landlord and the tenant.

Clark County Court System and Eviction Resources

For more information on eviction procedures in Vancouver and Clark County, please contact: Landlords Tenants

  • Eviction Notice to Tenant (Unlawful Detainer): Information about this document is provided by Clark County Superior Court. An Unlawful Detainer is a legal action that is filed in the Clark County Superior Court. Click here to visit the website for your county court to learn more about unlawful detainer/eviction actions.
  • Legal Issue(s): Limited Legal Services for Low Income Clients including tenants being evicted Organization Name, URL, Phone, Email Clark County Volunteer Lawyers Program (VLP) VLP Website: [Insert Link Here]
  • Washington LawHelp: A web site that provides free legal help and information on many different legal topics, including landlord-tenant law in Washington State. [ Insert link to Washington LawHelp landlord-tenant section]

Conclusion

Landlords in Vancouver, WA have to follow very specific procedures to evict a tenant under the Washington State Residential Landlord-Tenant Act and court rules. I strongly advise you not to attempt to do this work on your own. Mcaleer Law assists Vancouver landlords in Clark County and surrounding areas. If you need assistance with a tenant eviction in Vancouver, WA, we are here to help. Contact us for a consultation.

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