How to evict tenant with no contract in Washington State?

Evicting a tenant without a contract in Washington State can be a complex process, but it is not impossible. While a written agreement is typically recommended, there are still legal ways to remove a tenant who lacks a formal lease. In this article, we will outline the steps you should take to evict a tenant in Washington without a contract and provide answers to some related frequently asked questions.

How to Evict a Tenant with No Contract in Washington State?

Answer:

To evict a tenant with no contract in Washington State, you must follow these steps:

1. **Offer a written tenancy agreement:** While not legally required, offering a written tenancy agreement to your tenant helps establish a formal arrangement and can protect both parties’ rights.

2. **Issue a written notice:** Start by providing a 20-day written notice to terminate the tenancy, as required by Washington State law. Clearly state the reason for termination (such as non-payment of rent or lease violation) and include any additional terms specified in your agreement, verbal or implied.

3. **Allow the tenant to rectify the issue:** If the tenant has violated the terms of the agreement, give them an opportunity to cure the violation within the specified time frame. For instance, if they are behind on rent, give them the chance to pay the outstanding amount within a certain number of days.

4. **File an unlawful detainer lawsuit:** If the tenant fails to comply with the notice or rectify the issue, you can proceed by filing an unlawful detainer lawsuit. This legal action requires serving the tenant with a summons and complaint, followed by a court hearing where you present your case.

5. **Attend the court hearing:** Attend the court hearing on the specified date and present your evidence proving the tenant’s violation of the agreement or failure to rectify the issue. If the judge rules in your favor, you will be granted a judgment of possession and can proceed with eviction.

6. **Request a writ of restitution:** After obtaining a judgment of possession, file a request for a writ of restitution through the court. This writ grants law enforcement the authority to remove the tenant from the rental property if they refuse to vacate voluntarily within the specified time.

7. **Enforce the eviction:** Once you receive the writ of restitution, contact local law enforcement to schedule the eviction. Officers will oversee the process and ensure it proceeds smoothly.

While evicting a tenant without a contract in Washington State may seem straightforward, it is essential to consult with a qualified attorney to ensure you comply with all legal requirements.

FAQs:

1. Can I evict a tenant without a written agreement?

Yes, you can evict a tenant without a written agreement. Tenants without a formal lease are still protected under Washington State law.

2. How long does the eviction process take?

The eviction process can vary, but it typically takes several weeks to a few months, depending on the specific circumstances and court availability.

3. What if I don’t provide a written notice?

Providing a written notice is required by law to initiate the eviction process. Failing to do so may result in the dismissal of your case.

4. Can I change the locks to force the tenant out?

No, changing the locks or otherwise engaging in “self-help” eviction is illegal. You must follow the proper legal procedures to remove a tenant.

5. How much does the eviction process cost?

The cost of eviction varies depending on factors such as court fees, attorney fees (if applicable), and any additional expenses incurred during the process.

6. Can I withhold the tenant’s security deposit?

You cannot withhold the security deposit based solely on eviction. The deposit can only be used to cover unpaid rent or damages beyond normal wear and tear.

7. Can I evict a tenant for non-payment of utilities?

Yes, you can evict a tenant for non-payment of utilities if it is specified in the agreement or if the non-payment violates state or local laws.

8. Can I negotiate a settlement with the tenant?

Yes, it is possible to negotiate a settlement with the tenant before or during the eviction process. However, consult with an attorney to ensure the agreement is legally binding.

9. Can I evict a tenant during the winter months?

Eviction during the winter months is permitted in Washington State. However, certain cities may have additional regulations regarding winter evictions.

10. What if the tenant files for bankruptcy?

If the tenant files for bankruptcy, the eviction process may be temporarily halted. Seek legal advice to navigate the complexities of a tenant’s bankruptcy.

11. What if the tenant is causing property damage?

If the tenant is causing significant property damage, you can include this as a reason for eviction in your written notice.

12. Can I evict a tenant if they sublet the property without permission?

Yes, subletting without permission is generally considered a lease violation, and you can evict the tenant on those grounds.

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