Full question:
Can I evict a tenant for non payment of rent and breaking the lease agreement during the winter months in washington state?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Washington
Answer:
The action by a landlord to remove a tenant from a rental unit is known as an eviction or an "unlawful detainer." Non-payment of rent is considered a breach of the lease and grounds for removal from the unit. Some local housing codes define "just cause" for an eviction and outline procedures that must be followed. We are not aware of any restriction for the colder weather months.
In an eviction based on nonpayment of rent, a tenant may assert any claim for money owed the tenant by the landlord. The tenant's claim (sometimes known as an equitable defense or setoff) must be related to the tenancy, such as the tenant's payment of a gas bill that was the landlord's responsibility under the rental agreement. 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.
Liability for attorneys' fees. In an eviction dispute, the successful party is entitled to recoup costs and attorney fees.
Prohibited Eviction
Landlords are generally prohibited from locking a tenant out of the premises, from taking a tenant's property for nonpayment of rent (except for abandoned property under certain conditions), or from intentionally terminating a tenant's utility service. Various penalties exist for violating these protections.
Retaliatory evictions are also illegal. A landlord may not terminate a tenancy or increase rent or change other terms of the rental agreement to retaliate against a tenant who asserts his or her rights under the Landlord-Tenant Act or reports violations of housing codes or ordinances.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
