Are All Eviction Notices Created Equal?

Question

Hello BP,

I currently have great tenants but in case something changes I want to be prepared to evict.  Are all eviction notices the same regardless of state or county?  Can anyone confirm the legitimacy of this site ( http://washingtonlandlordtenant.info/free-eviction-forms/ ) for Washington State?

Thank you all for your time.

Bill S. · Answer

Find a local attorney that specializes the landlord tenant law and represents landlords. I get my notices from their web site. Their website is up to date and informative. This attorney does more evictions in one week than all but 1 or 2 other attorneys in the City do in a whole year. They have a flat fee and everyone knows them.

You find this guy by visiting eviction court for a day (you can also find them by reviewing eviction court records if they have them online). The guy that has several cases, the judge knows them, and everyone is respectful of them and they win. When they have a break you ask for their business card. They won't have time to chat but they are the ones you want in your corner when the chips are down.  You should get on their email list and they will likely keep you up to speed on all the state and local changes in landlord tenant law.

Jeremy Tillotson · Answer

Around here every court varies on whats acceptable. Never trust something off the internet with running it by your attorney. I draft my own forms all the time, but have my attorney review them, that's whats hes there for to stop me from doing something I might regret. You can easily lose your rights to collection if you are not careful. I know of one case where an overzealous landlord changed the locks and it cost him ALOT. Always check with your attorney.

Bill Gulley · Answer

Be careful with forms off the internet. Most states have different eviction requirements for seeking possession or possession with rents/moneys owing, emergency possessions such as with drug offenses and possession by one or more parties. If you file or give the wrong notice you may miss out on other rights in seeking damages. The day notice must be given is critical as well and may vary depending on the circumstances. Take care in posting any date, your form may have the date notice is given or the date possession is demanded or both.

Service of the notice will have requirements, posting on a door or delivery may vary as well. Usually a tenant won't deny receiving notice, but they can and may cause a month's + delay. If posting on a door or giving notice that need not be acknowledged I'd suggest you have a witness that can testify notice was given on a date at a time and make a note of when it was given.

Best is to consult other landlords who have been doing it awhile, even better is consult your attorney the first time around so you are aware of the differences and times required. :)

Zach Schwarzmiller · Answer

I would think they are not, but that's a great question. Just in Washington State, King County has different rules for notices than other counties (i.e. Snohomish), but maybe not in regards to the actual eviction itself - I've never done an evicition in King County.