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How Far Behind in Rent Before Eviction in Washington State?

Published in Washington Eviction Process 5 mins read

In Washington State, a landlord can serve a 14-day "Pay or Vacate" notice as soon as rent is overdue. If the tenant fails to pay the full amount owed or move out within these 14 days, the landlord can then proceed to file an eviction lawsuit (an "unlawful detainer" action) in court. This initiates the formal eviction process, although the actual physical eviction by a sheriff takes significantly longer and requires a court order.

Understanding the Washington State Eviction Timeline for Unpaid Rent

The process for eviction due to unpaid rent in Washington State follows a specific legal sequence designed to provide tenants with an opportunity to remedy the situation before facing a court-ordered removal.

1. Rent Due and Overdue

  • Rent Due Date: Typically, rent is due on the first day of each month, unless your lease specifies otherwise.
  • Late Rent: Rent is considered late if not paid by the due date. While some leases may offer a short grace period (e.g., 3-5 days), Washington State law does not mandate one. A landlord can act as soon as rent is overdue.

2. The 14-Day "Pay or Vacate" Notice

  • Issuance: Once rent is overdue, a landlord can serve a tenant with a 14-day "Pay or Vacate" notice. This is the first formal step in the eviction process for non-payment of rent.
  • Purpose: The notice informs the tenant that they have 14 calendar days to either pay the full amount of rent owed (including any late fees specified in the lease and allowed by law) or move out of the rental unit.
  • No Payment/No Vacate: If the tenant does not pay the full amount of rent within the 14-day timeline, and they also do not vacate the unit, the landlord can then take the next legal step.

3. Filing an Eviction Lawsuit (Unlawful Detainer)

  • Court Action: After the 14-day notice period expires without the tenant fulfilling its terms, the landlord can file an unlawful detainer lawsuit in superior court. This is the legal action that begins the eviction court process.
  • Service of Summons and Complaint: The tenant will be legally served with a summons and complaint, officially notifying them of the lawsuit and the requirement to appear in court.
  • Court Hearings: This typically leads to a "show cause" hearing where both parties present their case to a judge. If the landlord prevails, a judgment for eviction is issued.

4. Writ of Restitution and Physical Eviction

  • Writ of Restitution: If the court rules in favor of the landlord, a Writ of Restitution is issued. This is a court order authorizing the sheriff to physically remove the tenant and their belongings from the property.
  • Sheriff's Role: The sheriff will serve the tenant with the Writ of Restitution, which usually gives them a few days (typically 3-5 days, but can be less in some urgent cases) to vacate voluntarily before the sheriff returns to enforce the eviction.

Summary of Key Eviction Stages for Non-Payment

The table below outlines the general progression of an eviction for unpaid rent in Washington State:

Stage Description Timing (Approximate)
Rent Overdue Rent is not paid by the due date. Day after rent is due
14-Day "Pay or Vacate" Notice Landlord serves formal notice to pay rent or move out. Immediately after rent is overdue
Expiration of Notice Tenant fails to pay full rent or vacate within the 14-day period. 14 days after notice is served
Unlawful Detainer Lawsuit Filed Landlord files an eviction case with the court. After the 14-day notice period expires
Service of Summons & Complaint Tenant is officially notified of the lawsuit. Days to a week after filing
"Show Cause" Hearing Initial court hearing where the judge reviews the case. 7-30 days after tenant is served (can vary based on court docket)
Writ of Restitution Issued If landlord wins, court issues an order for eviction. Immediately after a judgment in favor of the landlord
Sheriff Enforcement (Physical Eviction) Sheriff serves writ; tenant has a few days to leave before physical removal. Typically 3-5 days after sheriff receives the writ, but can be as little as 1 day

Important Considerations for Tenants

  • Communication is Key: If you are struggling to pay rent, communicate with your landlord immediately. They may be willing to work out a payment plan or provide resources.
  • Legal Aid: Tenants have rights throughout the eviction process. It is highly recommended to seek legal advice from tenant rights organizations or attorneys specializing in landlord-tenant law if you receive any eviction notice.
  • Paying Rent During Notice: If you pay the full amount of rent specified in the 14-day notice within that timeframe, the landlord cannot proceed with the eviction for that specific non-payment.
  • Vacating During Notice: If you move out within the 14 days, you may still owe the rent, but you avoid an eviction filing on your record, which can severely impact your ability to find future housing.