Why You Should Get Legal Counsel Before Attempting to Evict a Tenant

By: Michael Safren, Esq.

Operating a rental property can be financially rewarding and the opportunity to provide housing in your community is highly satisfying.  Operating a rental property is a business, and sometimes, you need to make the difficult decision to evict a tenant.  There can be a myriad of reasons that you, as a landlord, may need to evict a tenant, whether because the tenant has failed to pay their rent, failed to fulfill or breached their obligations under the lease agreement, the tenant was habitually late on rental payments, or the tenant or a permissive guest engages in certain types of criminal activity on the premises.  Whatever the reason, you should get legal counsel before attempting to evict a tenant because a failure to follow the legal requirements for an eviction will result in the court denying your attempt to evict the tenant and could result in civil liability for you, the landlord.

No “Self-Help” Evictions

In Washington, it is unlawful for the landlord to remove or exclude from the premises the tenant without a court order.  You cannot engage in a so called “self-help” eviction by locking out a tenant or turning off utilities to the tenant, without following the detailed and prescribed legal steps and obtaining a Writ of Restitution from the court.  If you try to engage in a “self-help” eviction, the tenant may either recover possession of the property or terminate the rental agreement and, in either case, may i) recover the actual damages sustained and ii) recover the costs of suit or arbitration and reasonable attorneys' fees.

The Legal Process Is Complicated and Requires Strict Compliance

The legal process of removing a tenant is called an unlawful detainer and has many steps, timeframes, and requirements which the landlord must correctly follow.  These steps, timeframes, and even the requirements can differ depending on the reason or the basis for the unlawful detainer action.  Any failure in any of these processes, no matter how small, can result in the court denying your efforts to get a writ of restitution and successfully remove your tenant. For example, many landlords misunderstand the requirements for service of the initial notice and incorrectly think that email or text messages are acceptable forms of giving the legally required notices to their tenants to start the eviction/ unlawful detainer process.

Landlord / Tenant Laws Consistently Change

In 2021, Washington enacted two laws that significantly change Landlord/ Tenant laws statewide.  City, Counties, and other municipalities are constantly changing their ordinances that regulate Landlord / Tenant laws at the local level.  Further, since March 2020, there has been a statewide eviction moratorium imposed upon Landlords, and many cities and counties separately imposed eviction moratoriums within their jurisdictions.  These new laws and ordinances combined regulate nearly every aspect of the Landlord/ Tenant relationship from deposits, required notice periods, the terms or length of the lease, tenant repayment options, required mediation between landlord and tenant, and even when an eviction can occur.  Moreover, a new statewide law, allows qualified tenants to obtain free legal representation in the eviction process.  A landlord should be mindful that even if they were familiar with past landlord / tenant laws, many of those laws are no longer current and new laws have created new obligations for landlord, new rights for tenants, and limit the landlord’s ability to obtain an eviction. 

Tenants Have Free Access to Attorneys

In Washington, by law, qualified tenants have the right to obtain free legal representation throughout the eviction process.  Even if the tenant does not meet the requirement to qualify for a free attorney, in many counties such as King, Pierce, and Snohomish counties, tenant still have access to attorneys to represent them for free in the unlawful detainer action/eviction process.  These attorneys know the laws, court cases, and process and will use the slightest error or oversight to have the court deny you the Writ of Restitution.  Further, these attorneys regularly appear in court and are experienced advocates in the courtroom for tenants.  You would be well-advised to have an experienced attorney to represent you against such competent adversaries.

Tenants Can Submit Complaints that Can Initiate Investigations by State and Local Fair Housing/ Civil Rights Commissions

A disgruntled tenant can submit a complaint to state and local fair housing or civil rights commissions into how you have operated your rental business.  These commissions are empowered to enforce federal, state, and local fair housing laws and often landlords are surprised at the ability of these agencies to investigate and asset civil penalties and fines against you as a landlord.  For example, many landlords are unaware that in Washington, a landlord cannot discriminate against the tenant’s source of income and in certain municipalities such as Seattle, Kirkland, Bellevue, and in unincorporated King County, such discrimination is considered a violation of fair housing laws.

How an Experienced Real Estate Attorney Can Help

An experienced real estate attorney can help you remove your emotions from the process and ensure that all the legal requirements for obtaining a writ of restitution are followed.  They can expedite the process, avoid delays by successfully navigating through the legal requirements, and advocate for you in court.  While the do-it-yourself (DIY) spirit is admirable, because the eviction process is complicated, requires strict adherence to the law, and exposes you to liability if done incorrectly, working with an experienced attorney can prove invaluable and save you time and money.

If you are a landlord and are concerned you may need to evict a tenant, Contact Us.  The best time to consult with an attorney is before any problems arise.

Michael Safren is a Partner at The Law Offices of Jenny Ling, PLLC.  His practice focuses on business, real estate, probate, and civil litigation.