What is an Eviction?

Eviction is the process the landlord uses to remove a tenant from physical possession of the rented property. The legal action brought to obtain an eviction is called an unlawful detainer.

What Laws Govern Eviction?

Title 59 of the Revised Code of Washington (RCW) deals with specific aspects of the Landlord Tenant relationship. For most situations see chapter 59.12 “Forcible Entry and Forcible and Unlawful Detainer” and chapter 59.18 “Residential Landlord-Tenant Act”. Title 59 also contains chapters dealing with Manufactured/Mobile Home Landlord-Tenant Act, Rental Security Deposit Guarantee Program and Federally Assisted Housing.

The Seattle Municipal Code (SMC) must be consulted if the property is in Seattle. SMC 22.206.160 covers Duties of Owners. See also SMC 7.24 et seq. and SMC 22.206 et seq. Federal statutes that may apply include the Fair Housing Act, 42 U.S.C. §§3601 et seq; United States Bankruptcy Code; American with Disabilities Act, 42 U.S.C. §12101; Federal Rehabilitation Act of 1973, 29 U.S.C. §701; and the Fair Debt Collection Practices Act, 15 U.S.C. §§1692-1692o.

The Seattle Department of Planning and Development has created twelve Client Assistance Memos regarding code compliance and rental housing regulations. These must be consulted in addition to the RCW and the SMC.

Below is a listing of sections of the RCW that you may want to examine before proceeding with your action:

Landlord’s Duties: RCW 59.18.060 and 59.18.063
Landlord’s Remedies: RCW 59.18.160 – 59.18.190, 59.18.310
Landlord’s Right of Entry: RCW 59.18.150

How to Proceed:

The Washington Lawyers Practice Manual, vol. 5, chapter 14, §14.4 et seq. and §14.5 et seq. contains a step-by-step outline of the eviction process. Sample forms can be found at the end of the chapter. This outline is also contained in a Washington State Bar Association continuing legal education publication titled Residential Landlord Tenant Law, pp. 2-14 – 2-35.

The state statutes set forth the process for proceeding with an unlawful detainer action. The statutes also include the language to be used in the court documents. See:

Forcible Entry and Forcible and Unlawful Detainer: RCW 59.12
Unlawful Detainer Action: RCW 59.18.365 – 59.18.410

The Northwest Justice Project has written a publication titled Eviction and Your Defense. Although written with the tenant in mind, it provides an explanation of the process and includes sample forms.

Self-Help Evictions for Landlords, David W. Ridenour. Clark County Law Library, 2003 (updated 2006).

Real Estate: Property Law, 2d ed., §6.70 et seq., by William B. Stoebuck. (Washington Practice, vol. 17). West, 2004.

Residential Landlord Tenant Law, Washington State Bar Association, 2006.

Washington Lawyers Practice Manual, vol. 5, chapter 14, §14.4 et seq. and §14.5 et seq. King County Bar Association.

Washington Real Property Deskbook, vol. 2, chapter 27, Landlord and Tenant. Washington State Bar Association.