How to Evict a Tenant in Southwest Washington

Evicting a tenant in Southwest Washington is rarely easy, especially with all of the tenant protections in place. 

Let’s talk about what’s required because this can get complex. 

Establish for Which Month the Tenant Owes Rent

Not all late rent is treated equally. 

First, you have to establish for what month the tenant owes rent. This is because prior to May 1, 2023, any arrearage that the tenant owes you cannot be subject to a 14 Day Notice ahead of eviction. Rent that’s owed before that date must have a payment agreement offered. The payment agreement cannot exceed more than 30 percent of one month’s rent. 

Here’s what that means: if rent is $1,000 a month, you cannot ask the tenant to pay more than $300 a month in arrears. If they want to pay more to eliminate their balance, that’s great. But, you cannot require more than 30 percent. 

For rent that is late after May 1, 2023, you can serve a 14 Day Notice. When you do serve that 14 Day Notice, however, it has to be for the current month that the rent is due. Again, there can be no notice served for any rent that was due prior to May 1. Instead of a 14 Day Notice, you’re offering a payment agreement. 

Applying Rental Payments 

Let’s provide an example to simplify what we’re talking about. 

Suppose you service a 14 Day Notice for the rent that has not been paid for June. Your tenants owe rent for June 2023. If they don’t pay the June rent after the 14 days have come and gone, you can file for eviction. 

If rent comes in during the 14 Day Notice period, you cannot apply it first to the back rent that’s owed. You must apply it to the current month. You would not be permitted to use that payment for the back rent that’s owed prior to May and then file for eviction for the current month. 

Maybe your tenants owe four months of overdue rent - all rent that wasn’t paid prior to May of 2023. If they also have not paid for June, you’re serving a 14 Day Notice for the June rent and putting together a payment agreement for the months of overdue rent that they also owe. Any payment that comes in will have to be applied first to the current month’s rent. That would be June of 2023. 

If your rent is $2,000 per month, and they pay you $2,000, that will cover the June rent. 

If they pay another $1,000, you can apply that to the arrearage. 

Payment Arrangement Wording and Timing