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[WA] Is a text message considered legal written notice to end a month-to-month tenancy?

Jon
Jon

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In Washington State, ending a month-to-month tenancy isn't just about telling the tenant you want them to move out. The law is very particular about how that notice is given. Even though a text message is technically in writing, it usually doesn't meet the legal standard the courts expect if things escalate.

Under (WA Rev Code § 59.12.040), the notice has to be delivered in a specific way to count as proper legal service. That generally means either handing it directly to the tenant, leaving it with someone of suitable age at the home and also mailing a copy, or, if no one is available, posting it in a visible place at the property and mailing a copy. A text message doesn't fit into any of these categories, so while it may show that the tenant knew about your intent, it may not hold up as valid service if you later have to go to court.

There's also the timing requirement to consider. For a typical month-to-month tenancy, (WA Rev Code § 59.18.200) requires at least 20 days' notice before the end of the rental period. You gave 60 and then 30 days, so you've more than met the timing requirement. The issue isn't how much notice you gave, but how it was delivered.

Washington's "just cause" law,(WA Rev Code § 59.18.650) adds another layer. In many cases, landlords must have a legally recognized reason to end a tenancy. However, because you live in the home and are renting out a room, you fall into an exception. That statute specifically allows an owner who shares a kitchen or bathroom with a tenant to end the tenancy on just 20 days' notice, without needing one of the longer-term "just cause" reasons that apply to a typical rental unit.

Owners who share the residence generally have more flexibility to end the arrangement, especially if they no longer want to continue a shared living situation. Even so, you still need to follow the proper notice procedures. Since this is your primary residence and you're renting out a room, the situation is often treated more like a lodger arrangement in practice. That gives you a bit more leeway than a typical landlord renting out a separate unit. But if the tenants don't leave on time and the matter ends up in court, the judge will focus heavily on whether you followed the correct legal steps for serving notice.

To protect yourself, it's a good idea to back up your text message with a formal written notice that complies with (WA Rev Code § 59.12.040). You can explain in the letter that it confirms the earlier notice you sent by text. Then deliver it properly, either by handing it to them directly or using one of the other legally accepted methods, and mail a copy as well, preferably by certified mail so you have proof it was sent. This creates a clear paper trail that meets the legal requirements.

It does help that the tenants responded and acknowledged your message, because that shows they were aware of your intent. Still, "actual notice" and "legal service" aren't always treated the same way if there's a dispute. Taking the extra step now to formalize everything will put you in a much stronger position, especially if they have difficulty moving out by your deadline.

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Washington Eviction Notice Form

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Are you savvy on Washington State landlord, tenant, lodger, and renter laws concerning eviction or ending month to month rental agreements?

Lexi

Lexi, Chatbot

I understand that dealing with eviction and rental agreements can be stressful. Can you please share whether you are a landlord or a tenant in this situation?

I am the landlord. I am renting out a room in the house that I live in.

Lexi

Lexi, Chatbot

Have you already received any formal eviction notice or communication regarding the end of your rental agreement?

I sent the renters a text stating that they had two months notice of having to move out. Then I sent another text at the 30 day notice.

Lexi

Lexi, Chatbot

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your eviction process.

No.

Jon

Jon

Hello, and thank you for reaching out! I'm Jon, a licensed attorney with over 13 years of experience, here to help. I understand legal matters can feel overwhelming, but you're in good hands. My goal is to explain things clearly and guide you toward the best possible solution for your situation. Just a quick note: our conversation is for general legal information only and does not create an attorney-client relationship.

Do you have a written rental agreement with the tenant, or was the agreement verbal?

Written month to month agreement.

Jon

Jon

Thanks for letting me know about the written agreement. Could you tell me if the notice you sent was in writing, and if it included any specific reasons for ending the tenancy?

I sent them a 60 day notice by text and then a 30 day notice by text. The reason that I gave was that my wife and I decided that we aren't going to rent rooms out anymore.

Jon

Jon

Got it, thanks for sharing that. Have the tenants responded to your notices in any way, or have there been any issues or disputes since you sent them?

I also gave them this last month free of charge.

Jon

Jon

Thanks for letting me know about the free month offer. Have there been any disputes or issues with the tenants regarding the notice or the free month offer?

They responded politely. We had one short dispute when I asked what they were going to do since they didn't have jobs or money. They said I was putting undue pressure on them and stormed off. We both apologized after.

Jon

Jon

Understood! I believe I have all the information I need. Is there anything else you'd like to add before I start working on your answer? If not, I'll get started right away.

Part of my question is if a text is considered a legal written notice.

Jon

Jon

Got it! I just need a few minutes to put together a complete response for you. It shouldn't take longer than about 4 to 5 minutes, and I want to make sure it's clear and comprehensive. Thanks so much for waiting, I really appreciate your patience.

Jon

Jon

In Washington State, ending a month-to-month tenancy isn't just about telling the tenant you want them to move out. The law is very particular about how that notice is given. Even though a text message is technically in writing, it usually doesn't meet the legal standard the courts expect if things escalate.

Under (WA Rev Code § 59.12.040), the notice has to be delivered in a specific way to count as proper legal service. That generally means either handing it directly to the tenant, leaving it with someone of suitable age at the home and also mailing a copy, or, if no one is available, posting it in a visible place at the property and mailing a copy. A text message doesn't fit into any of these categories, so while it may show that the tenant knew about your intent, it may not hold up as valid service if you later have to go to court.

There's also the timing requirement to consider. For a typical month-to-month tenancy, (WA Rev Code § 59.18.200) requires at least 20 days' notice before the end of the rental period. You gave 60 and then 30 days, so you've more than met the timing requirement. The issue isn't how much notice you gave, but how it was delivered.

Washington's "just cause" law,(WA Rev Code § 59.18.650) adds another layer. In many cases, landlords must have a legally recognized reason to end a tenancy. However, because you live in the home and are renting out a room, you fall into an exception. That statute specifically allows an owner who shares a kitchen or bathroom with a tenant to end the tenancy on just 20 days' notice, without needing one of the longer-term "just cause" reasons that apply to a typical rental unit.

Owners who share the residence generally have more flexibility to end the arrangement, especially if they no longer want to continue a shared living situation. Even so, you still need to follow the proper notice procedures. Since this is your primary residence and you're renting out a room, the situation is often treated more like a lodger arrangement in practice. That gives you a bit more leeway than a typical landlord renting out a separate unit. But if the tenants don't leave on time and the matter ends up in court, the judge will focus heavily on whether you followed the correct legal steps for serving notice.

To protect yourself, it's a good idea to back up your text message with a formal written notice that complies with (WA Rev Code § 59.12.040). You can explain in the letter that it confirms the earlier notice you sent by text. Then deliver it properly, either by handing it to them directly or using one of the other legally accepted methods, and mail a copy as well, preferably by certified mail so you have proof it was sent. This creates a clear paper trail that meets the legal requirements.

It does help that the tenants responded and acknowledged your message, because that shows they were aware of your intent. Still, "actual notice" and "legal service" aren't always treated the same way if there's a dispute. Taking the extra step now to formalize everything will put you in a much stronger position, especially if they have difficulty moving out by your deadline.

Thank you.

Jon

Jon

You're welcome! Did that help clear things up for you? If you have any other questions or need more help, please don't hesitate to ask, I'm here to support you!

I do hope the information I provided was helpful and addressed your question. If there's anything else you need, please don't hesitate to reach out, and I'm always happy to assist. Wishing you a fantastic day ahead!

Jon

Jon

556 satisfied customers

Jon
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