How Do I Evict a Tenant Without a Written Lease in Washington?
Full Question:
Answer:
We're assuming you are not appointed as guardian for the nephew or under other court order to for his custody. Generally, a tenant without a lease is considered a tenant-at-will even if rent money isn't paid. 30 days' written notice is required to evict such a tenant in Washington. The notice may be served without an attorney. Please see the links to the forms below.
In eviction actions strict rules and procedures must be observed. Generally, a legal eviction process involves:
-Proper notice. Before evicting a tenant, the landlord must serve the required eviction notices using proper procedures.
-Filing of a lawsuit. If the tenant fails to move out, a lawsuit must be filed to evict the tenant.
-Entitlement to a court hearing. If the tenant disputes the reasons for the eviction, the tenant is entitled to a court hearing.
-Sheriff's involvement. If the tenant loses the court hearing, the sheriff would then be ordered to physically evict a tenant and remove the property in the unit. Only the sheriff, not the landlord, can physically remove a tenant who does not comply with an eviction notice and only after an unlawful detainer lawsuit has been filed.
Please see the following WA statute:
RCW 59.04.020 When premises are rented for an indefinite time, with monthly
or other....
When premises are rented for an indefinite time, with monthly or other
periodic rent reserved, such tenancy shall be construed to be a tenancy
from month to month, or from period to period on which rent is payable, and
shall be terminated by written notice of thirty days or more, preceding the
end of any of said months or periods, given by either party to the other.
