NOTICES: DOT EVERY “I” + CROSS EVERY “T”

Tenant notices are tools provided under the law to change or enforce the terms of a rental agreement. Over the last few years, tenant notices have become more complicated and they are much more likely to result in losing a dispute if anything is done incorrectly, such as the number of days notice given, information included on the notice, how the notices are “served” and many other factors. Since Washington State and several local governments require specific disclosure language, there are now several different versions of the same form, based on local jurisdictions. During the pandemic, the CARES Act further complicated notices by establishing a 30-day minimum for pay or vacate notices. Unfortunately, many Washington courts allowed for this minimum to extend to all types of vacate notices, but in February of this year, we finally caught a break from a Washington Supreme Court ruling that eliminates that scope creep. Even so, it’s still complicated and you must be very careful. If you are unsure or inexperienced with giving notices, we recommend you have your lawyer do it for you or at least get their advice.

Any notices regarding the end of tenancy must be served on the tenant in compliance with the Washington legal code, RCW 59.12.040. While some notices must simply be given to tenants in writing, RHAWA recommends serving most notices following the instructions provided on our forms page. Always select the appropriate notice form for the situation and use the most current version available at RHAwa.org/rental-forms-leases-notices. The following Support Center article goes over the process in detail.

HOW TO SERVE A NOTICE

1. Determine the timing for the service of notice
   Count the day of service + an extra day for mailing, then count calendar days depending on the required waiting period listed below, and be prepared to take permitted action on the following day.
   • 1 day: Notice of Entry for showing.
   • 2 days: Notice of Entry for maintenance/inspection.
   • 3 days: Notice to Quit.
   • 10 days: Notice to Comply or Vacate.
   • 14 days: 14-Day Pay or Vacate Notice.

If serving notice based on a number of days prior to the end of a rental period, beginning from the last day of a rental period, count calendar days backward depending on the required notice period listed below. Add two more days for posting/delivering and mailing.

• 60 days: Rent increase (NOTE: there are several local law variations).
• 30 days: Other change in terms.
• 20-120 days: End of tenancy.
• 60 days: End of term.

"Service" is not required by state law, but is required by several different local laws.

2. Prepare the notice form
   Download and complete the appropriate and most recent version of the Tenant Notice form from RHAwa.org/rental-forms-leases-notices.

   • List all known adult occupants on the “Resident(s)” line.
   • Completely fill out the form with all required details. Any details omitted at service can have a serious impact on results in court.
   • Make two copies for each adult occupant, and two additional copies for “all other occupants.”
   • Prepare one set for hand delivery and the other set for mailing.
     
     

3. Try to deliver, then post the notice
   Attempt to deliver the notice by hand to all residents. If you are unable to contact the resident(s), then post the notice on the door.

   • Ring or knock on the door and wait for an answer.
   • Place one notice into the hand of each resident or give enough copies for each occupant to one responsible person plus an additional copy for any other occupants.
   • If no one answers, post a copy “conspicuously” on the door. (RCW 59.12.040)
     
     

4. Mail the notice
   While not required if you hand-deliver a copy to each resident, mailing the notice is still recommended.

   • Just mailing a notice is not sufficient. You MUST deliver or post the notice.
   • Only regular first-class mail meets the legal requirement for “mailing.” (RCW 59.12.040)
   • Must be mailed from the county in which the rental property is located.
   • Mail copies in separate envelopes to each known occupant and an additional copy addressed to “All Other Occupants.”
   • For proof of mailing, you can request a receipt, or “certificate of mailing” from the post office.
   • Certified mail and/or other service methods may be additionally required by the terms of your lease (not in RHAWA forms), or local law such as in Seattle when serving a 10% or greater rent increase notice.
     
     

5. Complete the Declaration of Service Form
   A Declaration of Service form is included in all RHAWA tenant notice form packets. This is important evidence you will need if you go to court.

   • The person who served the notice must complete the document.
   • Complete this form on the same day as the service.
   • Retain along with a copy of the notice served.

If the tenant has not taken the required action by the date specified in the notice, work with an attorney to enforce compliance.

his article was written and edited by RHAWA representatives and is intended for the use of RHAWA members only. Copyrighted members-only materials may not be further disseminated. Formal legal advice and review are recommended prior to the selection and use of this information. RHAWA does not represent your selection or execution of this information as appropriate for your specific circumstance. The material contained and represented herein, although obtained from reliable sources, is not considered legal advice or to be used as a substitution for legal counsel.