My landlord gave me a 90-Day Notice

• I live in the state of Washington, should I read this?
• What will you learn by reading this?
• What is a 90-Day Notice?
• Does the termination notice have to be delivered in a certain way?
• Can the landlord evict me just by giving me this notice?
• I got a 90-Day Notice. The landlord wrote that they are selling the place. But then I saw this place posted as a rental again online! The landlord is just going to rent to someone else when I’m gone.
• Same situation as above, except I moved out right after getting the Notice.
• I got a 90-Day Notice. It said the landlord wanted to live in the rental. I moved out about two weeks after that. It’s been a few months. I went by the place recently. I see it’s still empty.
• Get Legal Help

 

*Read this only if you live in the state of Washington. The law may be different in other states.

*Eviction law continues to change. Read about the latest changes to eviction laws.

*The new law is complicated. Talk to a lawyer if you have questions about whether the law applies to you.

 

I live in the state of Washington, should I read this?

Yes, if you rent the place where you live and you just got a 90-Day Notice to Terminate your tenancy (or a 90-Day Notice to Vacate).  

No, if you own the mobile home you live in, and rent the lot. Read My Landlord Just Threatened to Evict Me from my Manufactured/Mobile Home Park and talk to a lawyer right away. Contact information is below.

 

What will you learn by reading this?

• What this notice is

• What to do if you get this notice from your landlord

• Where to get legal help

 

What is a 90-Day Notice?

It is a warning from your landlord. Here is when your landlord can give you a 90-Day Notice:

• Your landlord wants to move into the place (or have an immediate family member move in). If the landlord ends the tenancy with this type of notice, but then does not actually move into the rental, you may have a case for wrongful eviction.

• Your landlord wants to sell the place. If the landlord ends the tenancy with this type of notice, but then does not actually sell the single-family home, you may have a case for wrongful eviction. (This doesn’t apply to apartment buildings.)

 

Does the termination notice have to be delivered in a certain way?

Yes. The landlord (or their employee or another adult) can “personally serve” you at home by handing you the notice. The landlord can also hand it to another adult or older teenager living with you. The landlord can also tape it on your door, but then they must also mail a copy to you.

 

Can the landlord evict me just by giving me this notice?

No. Washington law does not let landlords evict tenants without following the proper court eviction process. The landlord must give you a proper written “termination” notice before starting an eviction lawsuit. The 90-Day Notice is one type of this notice.

If you are still living in the place after 90 days, the landlord may then start an eviction court case.

The landlord must deliver court documents to you and win that court case. At the court hearing a judge has to sign an order directing the sheriff to evict you. Only the sheriff can formally evict you or change the locks on the rental.

 

I got a 90-Day Notice. The landlord wrote that they are selling the place. But then I saw this place posted as a rental again online! The landlord is just going to rent to someone else when I’m gone.

You may be able to fight the eviction court case. Talk to a lawyer right away. You will need to be able to prove your case in court. This means giving the court evidence proving the landlord did not intend to sell the unit after all. It can also mean having witnesses with personal knowledge about the facts testify. A lawyer can help you with these things. See contact information below.

 

Same situation as above, except I moved out right after getting the Notice.

If the landlord did not post or advertise the place for sale at a reasonable price within 30 days of you moving out, you may have a case for unlawful eviction. Talk to a lawyer. See contact information below.

You may also have a case for unlawful eviction if, within 90 days after you moved out or the date the property was posted for sale, whichever is later, the owner took the place back off the market, rented it out again, or did anything else proving they were not going to sell it after all.

 

I got a 90-Day Notice. It said the landlord wanted to live in the rental. I moved out about two weeks after that. It’s been a few months. I went by the place recently. I see it’s still empty. 

If the landlord or immediate family fails to live in the rental for at least 60 days during the 90 days immediately after you moved out, you may have a case for unlawful eviction. Talk to a lawyer.  

 

Get Legal Help

Visit Northwest Justice Project to find out how to get legal help.