Washington’s Unlawful Detainer Process: How Evictions Work in Practice

At the Law Office of Erin Bradley McAleer, we represent both landlords and tenants in eviction matters throughout Washington. Unlawful detainer actions, the legal name for evictions, are highly regulated proceedings. They move quickly, require strict compliance with statutory rules, and carry serious consequences for both sides.

Defining Unlawful Detainer

Under Washington law, an unlawful detainer occurs when a tenant remains in possession of a rental property without the legal right to do so. Common situations include failure to pay rent, violation of lease terms, holding over after a lease expires, or engaging in illegal conduct on the premises.

It is important to note that landlords are prohibited from “self-help” remedies such as lockouts, utility shut-offs, or removing belongings without court approval. Any attempt to bypass the legal process can expose a landlord to liability.

Notice Requirements

Before pursuing an unlawful detainer action in court, a landlord must serve the tenant with proper written notice. The type of notice required depends on the alleged violation: a fourteen-day notice to pay or vacate for unpaid rent, a ten-day notice to comply or vacate for lease violations, a twenty-day notice to terminate a month-to-month tenancy, or a three-day quit notice for serious illegal activity. This notice is often the tenant’s first opportunity to address the issue, either by curing the violation, paying rent, or preparing to vacate.

Court Proceedings

If the tenant does not comply with the notice, the landlord may file an unlawful detainer lawsuit in Superior Court. Once served, the tenant has only a short window to respond, often as little as seven days. Failure to respond may result in a default judgment in favor of the landlord.

If the matter proceeds, the court may schedule a show cause hearing. At that hearing, the landlord must establish lawful grounds for eviction, and the tenant may present defenses such as improper notice, lack of maintenance, retaliatory eviction, or other statutory violations.

If the court finds for the landlord, it issues a writ of restitution authorizing the sheriff to restore possession of the property.

Enforcement of the Writ

The writ of restitution is carried out by the county sheriff. After posting notice, the sheriff provides a brief period for the tenant to vacate voluntarily. If the tenant does not leave, the sheriff may physically remove the tenant and return possession to the landlord.

Unlawful detainer cases are technical and fast-moving. For landlords, even a minor error in notice or procedure can delay the process or result in dismissal. For tenants, failing to act quickly can lead to eviction without an opportunity to raise valid defenses. At the Law Office of Erin Bradley McAleer, we provide experienced representation to both landlords and tenants. Our goal is to ensure compliance with Washington’s landlord-tenant laws while protecting our clients’ rights and interests in these high-stakes cases