Termination of tenancies are handled in two RCW chapters. The first is 59.04 RCW, entitled Tenancies, and the second is 59.18 RCW, entitled the Residential Landlord-Tenant Act.
Since the passage of the Residential Landlord-Tenant Act in the early 1970’s, chapter 59.04 RCW applies only to those circumstances in which the Residential Landlord- Tenant Act does not apply. Another large group of situations will be governed by a specific provision in a written rental agreement rather than 59.04 RCW. The remaining rental arrangements to which 59.04 RCW applies are nonresidential in nature, such as a business renting space on a month to month basis with no underlying rental agreement, or a business renting space under a written agreement that does not contain a specific provision on termination.
The play between these two chapters is an example of how the application of law flows from the general to the specific. 59.04 RCW is the more general in nature and 59.18 RCW is the more specific in that it only deals with residential tenancies.
Service of Notice of Termination of Tenancy is typically only required to terminate (1) a month-to-month tenancy or (2) a tenancy where no term is specified but where rent is paid on a periodic basis, like weekly rent or rent due every other month. For purposes of these materials, we are calling those types of leases a “Periodic Rent Lease.” That is because a tenancy for a specific period of time, such as a 1 year or 3 year term, simply terminates at the end of the specific period, without the need for prior notice. For that reason, this section of the materials addresses the service of Notice of Termination of Tenancy for a month to month tenancy or a Periodic Rent Lease.
For both 59.04 RCW and 59.18 RCW service of the Notice of Termination is accomplished in one of three fashions:
- Personal (in hand) service.
- Premises service plus mailing.
- Posting plus mailing.
Each of these methods of service is discussed more fully in other sections of the materials.
Termination of Month to Month Tenancy
Non-Residential/No Lease Provision – The termination of non-residential month to month or Periodic Rent Lease where there is no written lease provision addressing termination is dealt with in RCW 59.04.020.
59.04.020
Tenancy from month to month — Termination.
When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of thirty days or more, preceding the end of any of said months or periods, given by either party to the other.
RCW 59.04.020 is important in that it allows for a 30 day (or more) period for the Notice of Termination of Tenancy to take effect. This is important to the landlord, and therefore to the process server, because if there is any delay in the service of the notice then it could allow the tenant to remain on the premises for another rental period (usually a month but not always).
Non-Residential with Lease Provision – A non-residential written lease agreement may provide for a different time period for notice; for example, sixty days prior notice even if the lease is month to month. In such cases, the landlord will need to advise as to the time period required under the lease so that you can serve the notice in the time period required under the lease.
Residential Leases
59.18 RCW – The Landlord Tenant Act – Termination of a residential month to month rental or Periodic Rent Lease is governed by RCW 59.18.200 as follows:
59.18.200
Tenancy from month to month or for rental period — Termination — Armed Forces exception — Exclusion of children — conversion to condominium — Notice.
| (1) | ||
| (a) | When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of twenty days or more, preceding the end of any of the months or periods of tenancy, given by either party to the other. | |
| (b) | Any tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant’s spouse or dependant, may terminate a rental agreement with less than twenty days’ notice if the tenant receives reassignment or deployment orders that do not allow a twenty-day notice. | |
| (2) | ||
| (a) | Whenever a landlord plans to change to a policy of excluding children, the landlord shall give a written notice to a tenant at least ninety days before termination of the tenancy to effectuate such change in policy. Such ninety-day notice shall be in lieu of the notice required by subsection (1) of this section. However, if after giving the ninety-day notice the change in policy is delayed, the notice requirements of subsection (1) of this section shall apply unless waived by the tenant. | |
| (b) | Whenever a landlord plans to change any apartment or apartments to a condominium form of ownership, the landlord shall provide a written notice to a tenant at least one hundred twenty days before termination of the tenancy, in compliance with RCW 64.34.440(1), to effectuate such change. The one hundred twenty-day notice is in lieu of the notice required in subsection (1) of this section. However, if after providing the one hundred twenty-day notice the change to a condominium form of ownership is delayed, the notice requirements in subsection (1) of this section apply unless waived by the tenant. |
The time period on a standard month to month rental agreement for service of the Notice of Termination of Tenancy is, in most cases, 20 days before the end of the period for which the rent is payable.
Given the multiple ways in which the notice can be served this is generally not a problem. Still, it is not unknown for the landlord, or his attorney, to want to come as close to the deadline as possible. If the end of the rental period is the end of the month, as it is in most (but not all) cases, the deadline is 20 days previous. For example, if the last day of the month is the 30th then the last day for service is the 10th.
NOTE: RCW 59.12.040 states “PROVIDED, HOWEVER, That when service is made by mail one additional day shall be allowed before the commencement of an action based upon such notice.”
In order to accomplish service by “premise service plus mailing” or “posting plus mailing” it is obvious a mailing is required. This adds an extra day to the computation. Using the same example as used in the previous paragraph, if the end of the period is the 30th then, when one of these two methods is used, the deadline is the 9th instead of the 10th.
Failing to meet this deadline can cost the landlord a month’s rent plus additional attorney fees. The landlord may look to the process server for compensation of these costs.
The bottom line is this – These are simple straight forward services which can be accomplished easily and in a single attempt. A professional process server will not delay in completing this type of assignment.
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