Evicting a hold over tenant in Washington state

Evicting a hold over tenant in Washington state

renton, WA · Member since 2019 · 74 posts · 45 votes

Hey everyone! 

I'm going to reach out to a real estate attorney but just hoping to get some insight on the eviction process for a hold over tenant or someone who stays outside the leas end date, back story is..

Bedroom rentals, I don't live there and haven't had this issue yet but i have a tenant whos year lease is finally up September 1st and doesn't sound like he wants to find another place to live. I gave him the notice that I will not be renewing his lease due to wanting to remodel that section of the house 4 months ago, checked up with him 45 days before lease end date and have been sending him other rentals in the area that are in the same price and size to help him find somewhere. 

I wont accept another rent payment but my question is what's the best first step for an eviction notice and can i give it the day after September 1st?

Any help is greatly appreciated! 

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Architect · Wenatchee, WA · Member since 2018 · 843 posts · 907 votes
5y
Originally posted by @Jacob Whitbeck:

Hey everyone! 

I'm going to reach out to a real estate attorney but just hoping to get some insight on the eviction process for a hold over tenant or someone who stays outside the leas end date, back story is..

Bedroom rentals, I don't live there and haven't had this issue yet but i have a tenant whos year lease is finally up September 1st and doesn't sound like he wants to find another place to live. I gave him the notice that I will not be renewing his lease due to wanting to remodel that section of the house 4 months ago, checked up with him 45 days before lease end date and have been sending him other rentals in the area that are in the same price and size to help him find somewhere. 

I wont accept another rent payment but my question is what's the best first step for an eviction notice and can i give it the day after September 1st?

Any help is greatly appreciated! 

 Right now, you are SOL. You wont get an eviction right now for any reason. Even if you were going to sell it. No judge and no cops are enforcing evictions atm. Until the USSC finally make a ruling, instead of just an opinion, the current administration (and our governor) is going to keep the moratorium in place forever.  

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  • Flipper / Buyer · Tacoma, WA · Member since 2013 · 160 posts · 80 votes
    5y

    Might be different with covid but generally you wouldn't need to evict yet just send a termination of tenancy. Or a no clause notice. Washington is 20 day notice same as if a tenant leaves they would give 20 day notice to vacate.  

    You still need to give 20 day notice even if lease is up. It becomes month to month automatically.   At least pre covid. Definitely some adjustments but not sure if its relevant to u at this point

  • Architect · Wenatchee, WA · Member since 2018 · 843 posts · 907 votes
    5y
    Originally posted by @Jacob Whitbeck:

    Hey everyone! 

    I'm going to reach out to a real estate attorney but just hoping to get some insight on the eviction process for a hold over tenant or someone who stays outside the leas end date, back story is..

    Bedroom rentals, I don't live there and haven't had this issue yet but i have a tenant whos year lease is finally up September 1st and doesn't sound like he wants to find another place to live. I gave him the notice that I will not be renewing his lease due to wanting to remodel that section of the house 4 months ago, checked up with him 45 days before lease end date and have been sending him other rentals in the area that are in the same price and size to help him find somewhere. 

    I wont accept another rent payment but my question is what's the best first step for an eviction notice and can i give it the day after September 1st?

    Any help is greatly appreciated! 

     Right now, you are SOL. You wont get an eviction right now for any reason. Even if you were going to sell it. No judge and no cops are enforcing evictions atm. Until the USSC finally make a ruling, instead of just an opinion, the current administration (and our governor) is going to keep the moratorium in place forever.  

  • Flipper / Buyer · Tacoma, WA · Member since 2013 · 160 posts · 80 votes
    5y

    I'm pretty sure you can end the tenancy depending on your reasons. I forgot that our attorney just wrote something for my fiances client. (Agent) who wanted to sell their house. I think she had to give longer than the 20 days notice I mentioned above though.

    The person moved out even though the client didn't think they would and the house is getting listed this week. If the renter had challenged it our attorney thought it would have been fine, but who knows until actually challenged.   

    There are several reasons to evict or end tenancy  that are acceptable even in the moratorium.   Definitely don't allow month to month. Definitely talk to your attorney like u mentioned.   

  • Rental Property Investor · Everett, WA · Member since 2015 · 458 posts · 386 votes
    5y

    @Jacob Whitbeck Reaching out to an attorney is the right course of action for this type of situation.  The rules seem to be a moving target at the moment and the risk to you of not following the process are greater than the cost of legal counsel.
    My general sense is that you should be able to move forward with ending tenancy / eviction this tenant but will be limited by the current CDC moratorium, WA State eviction "moratorium" bridge, city specific rules and general court backlog of cases to process.

    RHAHA & WLA both have good resources and attorneys that you can send questions to which could also be a good source for the latest information specific to the city your rental is in.  Obviously this isn't a good situation but ultimately this too shall pass.

    John

  • renton, WA · Member since 2019 · 74 posts · 45 votes
    5y

    Thankyou for the response John! yeah I have a call into an attorney tomorrow morning so I will see what they say but I hoped an eviction notice from a lawyer would be enough to push him out since he would still fear the fact of having an eviction on his record 

  • renton, WA · Member since 2019 · 74 posts · 45 votes
    5y

    Just saw the other responses as well, thank you guys! I will have to post again when I get this resolved one way or another to update

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