Serving legal notices is a critical part of landlord-tenant law in Washington State. Whether you’re addressing unpaid rent, lease violations, or ending a tenancy, each notice must follow strict legal rules under RCW 59.12.040 and local city ordinances. Using the wrong form, missing details, or failing to serve notices properly can delay evictions and cost you in court.
This article explains common types of notices and outlines valid service methods, like personal delivery or the “nail and mail” approach. It also covers common compliance mistakes. It is also important to note special rules may apply in particular cities, but this article only focuses on state-level requirements.
Serving legal notices is one of the most important procedural steps in Washington landlord-tenant law. Our Washington landlord-tenant notice lawyers can guide you through each step to ensure compliance with state and local requirements.
What Changed in Washington’s Landlord Notice Laws in 2025?
New legislation took effect July 27, 2025, modifying how landlords must serve notices, calculate compliance dates, and handle mailing requirements under RCW 59.12.040 and related statutes.
Under the new rules notices must contain specific compliance dates, USPS certified mailing is required, and five (5) extra days must be added to dates when mailing. However, landlords no longer need to mail from within the same county as the rental property and are now permitted to mail from anywhere in the state of Washington. Other communications, such as deposit settlements, have not been impacted.
What Types of Notices Must Be Properly Served?
Washington law recognizes several categories of notices that landlords may need to serve during the course of a tenancy. Each notice carries its own timing and service requirements, so understanding them is essential to avoid dismissal of your case.
Eviction Notices (Pay or Vacate, Comply or Vacate)
Eviction notices are among the most regulated forms of legal notice under RCW 59.18.650. Proper form, timing, and service method are essential for enforceability.
Landlords must serve a written notice stating the just cause, necessary facts to support it, deadline with move out date, and required language regarding tenant rights. Valid service includes in-person delivery to the tenant(s), in-person delivery plus mailing, or posting to the door and mailing if reasonable personal delivery efforts fail. Notices must at least substantially comply with legal requirements for content and service to be valid, some judges may require strict compliance, and all defense attorneys will push for strict compliance.
Termination Notices
Termination notices apply when ending qualifying tenancies under limited circumstances. These notices must comply strictly with Washington’s just cause evictionrules and local ordinances.
Landlords ending a qualifying tenancy without cause–either a periodic tenancy at the end of its first 12 months, or a 6–12-month term tenancy after the first 12 months with no period spent on a periodic lease–must provide at least 60 days’ notice before the end of the qualifying term.
Termination notices apply when ending qualifying tenancies under limited circumstances. These notices must comply strictly with Washington’s just cause eviction rules and local ordinances.
Rent Increase Notices
In Washington, HB 1217 governs rent increases, setting forth the maximum rent increases that can be made within a given time period and the related notice provisions. Under HB 1217, in most circumstances, no rent increases can be made in the first 12 months of tenancy, even if the tenancy is on a month-to-month basis. Thereafter, unless an exception applies, HB 1217 sets forth calculations that limit a rent increase within any 12 month period.
Additionally, HB 1217 sets forth the notice conditions that must be followed in order for a rent increase to be effective. Under HB 1217, even though they do not have the potential to directly impact tenancy, rent increase notices have been specifically identified for having the same form and service requirements. This means, for rent increases to be valid, the same new dating, service, and mailing requirements all apply. And, unlike with eviction notices for which strict vs substantial compliance has been a matter of case law, HB 1217 strongly indicates strict compliance is required–Even a minor defect will mean landlords need to refund overcharged rent and re-serve notice!
For more information about HB 1217 requirements, please see Understanding Washington’s HB 1217 law.
What Counts as a Lease Violation Under Washington Law?
Lease violations can trigger eviction or compliance notices depending on severity. Washington law distinguishes between “substantial” and “material” violations when determining whether a notice is valid.
- Damaging the rental unit
- Overcrowding
- Smoking in non-smoking areas
- Housing pets in pet-free rentals
- Health and safety violations
The default notice for non-monetary lease violations is a 10-day comply or vacate. For the notice to be valid, the violation must be substantial and the lease term violated must be material. Substantial means a clear and significant violation that is more than a minor, technical violation. And material means the term is essential to the benefits the landlord receives under the lease. The notice must also contain facts sufficient for the tenant to reasonably understand the violation and how to or correct it.
Which Violations Cannot Be Cured by the Tenant?
Certain acts are considered so serious under Washington law that they cannot be corrected. These are called non-curable lease violations, and they often require immediate vacation of the premises.
- Engaging in criminal activity
- Operating illegal businesses
- Being a nuisance
- Creating hazardous waste
Some types of lease violations are so severe that the law recognizes the harm cannot be cured. As a general rule, these types of violations require an imminent, substantial, and material threat to people and/or property. As with comply or vacate notices, the notices must contain sufficient facts for the tenant to reasonably understand the violation. But, unlike with comply or vacate notices, there is no opportunity to correct the violation and the tenant must vacate.
What Other Events Can Trigger Legal Notices?
Certain notice types arise from specific triggering events defined under Washington law—such as a property sale, condo conversion, or landlord move-in. When these events occur, landlords must provide written notice that clearly explains the reason and timing.
Common triggering events include:
- Condo conversion
- Condemnation or unsafe housing conditions
- Landlord or immediate family moving into the unit
- Four or more “comply or vacate” notices within 12 months
- Sale of a single-family residence
- Shared living arrangements with the landlord
- Tenant’s refusal to sign a renewal lease
For these notices, the focus is not on interpretation but on whether the underlying event actually occurred. Landlords must still provide enough factual detail for tenants to understand the reason and timing of the notice, but courts primarily look to whether the event is genuine and lawful. Evidence of fraud, retaliation, or bad faith can invalidate the notice, so accuracy and documentation are critical.
What Are Best Practices for Washington Landlords Serving Notices?
Even when renting to family or friends, landlords should observe all lease and notice formalities. Washington law requires consistent application of procedures for every tenancy.
It can be tempting for landlords to think they have a good tenant and that lease formalities aren’t necessary, particularly if it is someone they personally know and trust. In these cases, many landlords think, extra formalities would be insulting and damaging to the relationship while creating extra work for all parties. But this is not the case. Compliance and observance of lease formalities is the key to establishing a clearly defined tenancy, which protects the rights of both the landlord and tenant for years to come. Both good tenants and good landlords will appreciate this fact and reluctance to observe formalities can be a useful red flag to watch for on both sides.
Some best landlord practices include:
- Screen tenants. Check a potential tenant’s credit history, criminal background, and eviction history. Some local restrictions apply.
- Use a comprehensive written lease that is compliant with state and local laws while also being adapted to the needs for the property and parties for which it is being used.
- Leases and rental policies are subject to change, particularly in Washington. It is important for landlords not to get complacent and to regular monitor for changes at least annually.
- If a deposit is required, a condition checklist must be created and signed by both parties at the commencement of the tenancy.
- Regularly generate and retain written records of correspondence, notices, service declarations, complaints, maintenance, and any other documents impacting tenancy. These records are especially helpful when selling a property and when addressing historic events.
What Records Should Landlords Keep After Serving a Notice?
Documenting each notice and service method is critical. Courts often rely on declarations of service, photos, and mailing receipts as evidence of compliance.
Declaration of service forms should be completed immediately after each service and retained along with photos, receipts, and a copy of the notice–Think of these supporting materials as an essential part of the notice and store them all together.
When Does Federal Law Affect Washington Landlords?
While most notice laws are state-specific, certain federal housing and debt collection rules can apply to Washington landlords under specific circumstances.
On occasion, federal law may apply. For example, some states have held the Fair Debt Collections Practices Act applies. Another good example is the minimum notice requirement Fannie Mae and Freddie Mac have imposed on properties financed with them. If a tenant files for bankruptcy, this could also impact how a landlord may act with respect to trying to collect debt or take other action.
Get Help from a Washington Landlord-Tenant Notice Attorney
Serving legal notices properly is one of the most technical—and most critical—steps in protecting your property rights. At North City Law, our Washington landlord-tenant notice attorneys help landlords draft, serve, and document all required notices in full compliance with state and local laws.
Contact us today for legal guidance and practical support in navigating Washington’s evolving notice and eviction requirements.
Disclaimer
This article is provided for informational, educational, and marketing purposes only and does not constitute legal advice. The content is current as of its publication or last review and may not reflect the latest legal developments. Do not rely solely on this information—consult a qualified attorney regarding your specific situation.