[WA] Are an eviction notice and an unlawful detainer the same thing?

WA Landlord-Tenant

Richard

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In Washington, an eviction notice and an unlawful detainer are related but not the same thing.

Eviction notice – This is the initial written notice you serve on the tenant (for example, a 14-day notice to pay or vacate, a 10-day notice to comply, or a 20-day notice to terminate a month-to-month tenancy). It gives the tenant a final opportunity to correct the problem or move out. (WA Rev Code § 59.20.080 (1)(a))

Unlawful detainer – This is the court case you file if the tenant doesn’t comply with the eviction notice. It’s the formal legal action that asks the court to issue a judgment for possession and, if granted, allows the sheriff to remove the tenant. (WA Rev Code § 59.12.030)

Since you’ve already served a termination of tenancy notice and the tenant has refused to leave, your next step in Woodland, Washington, is to file an Unlawful Detainer action in Cowlitz County District Court (or Superior Court if it’s commercial property).

If the tenant is in a commercial unit (not residential), the form you need is typically called a Commercial Unlawful Detainer Summons and Complaint. That’s what the clerk was referring to.

To file a commercial unlawful detainer in Woodland, Washington, follow these steps:

Prepare the necessary documents: Complete a Commercial Unlawful Detainer Summons and Complaint.
File the documents with the court: File with Cowlitz County District Court (or Superior Court, if applicable).
Serve the tenant: Use a process server or sheriff.
Attend the court hearing: Bring proof of notices, unpaid rent, and violations.
Obtain a judgment: If granted, request a writ of restitution for sheriff enforcement.

The Eviction Resolution Program Forms Packet is also available for you to navigate the process easier.

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Are an eviction notice and an unlawful detainer the same thing?

Lexi, Chatbot

I understand that navigating eviction notices and unlawful detainers can be confusing. Can you tell me if you are currently facing an eviction situation?

I am trying to evict someone.

Lexi, Chatbot

Have you received any formal documents regarding the eviction or unlawful detainer?

No, as I own the building.

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.

They are on a month-to-month lease.

Richard

Hello. My name is Richard, and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you're trying to evict someone who is on a month-to-month lease. Could you tell me more about any steps you've taken so far in the eviction process?

Good afternoon, Richard. I have done the termination of tenancy and had them served with that. That was two months ago, and he is doing nothing to leave. He is now four months behind on rent. He is smoking in the building and baking bait, making our building stink, and refuses to communicate.

Richard

Thanks for sharing more details. It sounds like a challenging situation. Could you let me know where the property is located? This will help me understand the specific laws that apply.

Woodland, Washington.

Richard

Got it, thanks. Have you filed any formal eviction proceedings in court yet, or are you considering doing so?

That is what I am trying to do. The court clerk told me I needed a “commercial unlawful detainer” to take to court to have a judge sign.

I was told I need:

Commercial unlawful detainer
Complaints and summons (RCW 59.12)
Motion to show cause and order to show cause

I don’t understand any of this. Is there a form for the commercial unlawful detainer? How does one go about filing this?

Richard

In Washington, an eviction notice and an unlawful detainer are related but not the same thing.

If the tenant is in a commercial unit (not residential), the form you need is typically called a Commercial Unlawful Detainer Summons and Complaint. That’s what the clerk was referring to.

To file a commercial unlawful detainer in Woodland, Washington, follow these steps:

Prepare the necessary documents: Complete a Commercial Unlawful Detainer Summons and Complaint.
File the documents with the court: File with Cowlitz County District Court (or Superior Court, if applicable).
Serve the tenant: Use a process server or sheriff.
Attend the court hearing: Bring proof of notices, unpaid rent, and violations.
Obtain a judgment: If granted, request a writ of restitution for sheriff enforcement.

The Eviction Resolution Program Forms Packet is also available for you to navigate the process easier.

Awesome, thank you.

Richard

You’re welcome!

Richard

76,546 satisfied customers

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