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Wash. Supreme Court published opinion — 1029055.pdf

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Wash. Supreme Court published opinion — 1029055.pdf
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Washington (state)
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landlord-tenant provisions, it is useful to briefly review our state eviction process before

addressing the federal CARES Act.

In Washington, a tenant must pay the rental amount provided in a rental agreement

and comply with all obligations imposed by the applicable provisions of law. RCW

59.18.130. Among other things, tenants may not “permit a nuisance” on the property.

RCW 59.18.130(5). A tenant is liable for unlawful detainer if they continue in

possession of a rental property after they commit or permit waste upon the premises and

remain in possession after service of three days’ notice to quit. RCW 59.18.650(1),

(2)(c); RCW 59.12.030(5). For nonpayment of rent, a tenant is liable for unlawful

detainer if they continue in possession after notice to pay or vacate. RCW

59.18.650(2)(a). An “unlawful detainer” is a summary proceeding that provides an

expediated form of relief to recover rental premises and resolve claims of possession

between landlords and tenants. Randy Reynolds & Assocs. v. Harmon, 193 Wn.2d 143,

156, 437 P.3d 677 (2019).

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Hous. Auth. v. Knight, No. 102905-5

In short, a landlord may begin eviction proceedings against a tenant who commits

waste upon a premise and unlawfully remains on that premise after providing three days’

notice to vacate. See Hous. Auth. v. Terry, 114 Wn.2d 558, 563-64, 789 P.2d 745 (1990)

(holding that “a landlord must comply with the [statutory] requirements” to utilize the

unlawful detainer process).

After serving notice, the next stage of the eviction process is the filing of a

complaint and summons. RCW 59.18.365; RCW 59.12.060, .080. To evict a tenant, a