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Wash. Court of Appeals published opinion — D2 60448-5-II Published Opinion.pdf

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Wash. Court of Appeals published opinion — D2 60448-5-II Published Opinion.pdf
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Washington (state)
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(1)(a) A landlord may not evict a tenant, refuse to continue a tenancy, or end a
periodic tenancy except for the causes enumerated in subsection (2) of this section
and as otherwise provided in this subsection.
....
(2) The following reasons listed in this subsection constitute cause pursuant to
subsection (1) of this section:
....
(d) The tenant continues in possession after the landlord of a dwelling unit in good
faith seeks possession so that the owner or his or her immediately family may
occupy the unit as that person’s principal residence and no substantially equivalent
unit is vacant and available to house the owner or [their] immediate family in the
same building, and the owner has provided at least 90 days’ advance written notice
of the date the tenant’s possession is to end. . . .

RCW 59.18.650. The owner’s advance written notice must “identify the facts and circumstances”

that support the landlord’s cause for evicting the tenant. RCW 59.18.650(2)(d), (6)(b).

The statute further states that when evicting a tenant on this basis,

[t]here is a rebuttable presumption that the owner did not act in good faith if the
owner or immediate family fails to occupy the unit as a principal residence for at

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No. 60448-5-II

least 60 consecutive days during the 90 days immediately after the tenant vacated
the unit pursuant to a notice to vacate using this subsection (2)(d) as the cause for
the lease ending[.]

RCW 59.650(2)(d).

If, after receiving notice the tenant still refuses to vacate the property, a landlord may file

a complaint for an unlawful detainer action and, at the same time, move for a writ of restitution.