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Moving Out
Moving Out
Proper Notice to Leave
When a tenant wants to move out of a rental unit, it is important that
proper notice be given to the landlord. The following discusses how to
end the two most common types of rental agreements. However, it is important
that tenants check their own rental agreements to determine what kind
of notice must be given before they move out.
Leases. If the tenant moves out at the expiration
of a lease, in most cases it is not necessary to give the landlord a written
notice. However, the lease should be consulted to be sure a formal notice
is not required.
If a tenant stays beyond the lease expiration, and the landlord accepts
the next month's rent, the tenant is then assumed to be renting under
a month-to-month agreement.
A tenant who leaves before a lease expires is responsible for paying
the rent for the rest of the lease. However, the landlord must make an
effort to re-rent the unit at a reasonable price. If this is not done,
the tenant may not be liable for rent beyond a reasonable period of time.
Month-to-Month Rental Agreements. When a tenant wants to end a
month-to-month rental agreement, written notice must be given to the landlord.
The notice must be received at least 20 days before the end of the rental
period (the day before rent is due). The day on which the notice is delivered
does not count. A landlord cannot require a tenant to give more than 20
days notice when moving out.
If a tenant moves out without giving proper notice, the tenant is responsible
for rent to cover the lesser of:
- 30 days from the day the next rent is due, or
- 30 days from the day the landlord learns the tenant has moved out.
The landlord has a duty to try to find a new renter. If the dwelling
is rented before the end of the 30 days, the former tenant must pay only
until the new tenant begins paying rent.
A landlord must give 20 days notice when seeking to have a month-to-month
renter move out.
Return of Deposits
After a tenant moves out, a landlord has 14 days in which to either return
deposits or give the tenant a written statement explaining why all or
part of the money is being kept. A tenant should leave a forwarding address
with the landlord when moving out.
Under the law, the rental unit must be restored to the same condition
as when the tenant moved in, except for normal wear and tear. Deposits
cannot be used to cover normal "wear and tear," or damage that
existed when the tenant moved in. The law requires that a checklist listing
the unit's condition be filled out when the tenant moved in.
The landlord must mail the required deposit payment, statement, or both
with first class postage, paid within 14 days. If the tenant takes the
landlord to court, and it is ruled that the landlord intentionally did
not provide the statement or return the money, the court can award the
tenant up to twice the amount of the deposit.
Evictions
When a landlord wants a tenant to move out, certain procedures must be
followed. This section discusses why landlords can evict tenants, and
what methods must be used.
There are four types of evictions under the law, each requiring a certain
type of notice:
For not paying rent. If the tenant is even one day behind in rent,
the landlord may issue a three day notice to pay or move out. If the tenant
pays all the rest due within three days, the landlord must accept it and
cannot evict the tenant. A landlord is not required to accept a partial
payment.
For not complying with the terms of the rental agreement. If a
tenant does not comply with the rental agreement (for example, keeping
a cat when the agreement specifies "no pets"), the landlord
may give a ten day notice to comply or move out. If the tenant remedies
the situation within that time, the landlord cannot continue the eviction
process.
For creating a "waste or nuisance." If a tenant destroys
the landlord's property, uses the premises for unlawful activity (including
gang or drug-related activities), causes damage that reduces the value
of the property, or interferes with other tenants' use of the property,
the landlord may issue a three day notice to move out. The tenant must
move out after receiving this type of notice. There is no option to stay
and correct the problem.
For no cause. Except in the city of Seattle, landlords may evict
month-to-month tenants without having any particular reason, as long as
the eviction is not discriminatory or retaliatory. If the landlord wants
a tenant to move out and does not give a reason, the tenant must be given
a 20 day notice to vacate. The tenant must receive the notice at least
20 days before the next rent is due. The tenant can be required to move
out only at the end of a rental period (the day before a rental payment
is due). Usually, a 20 day notice cannot be used if the tenant has signed
a lease. Check the specific rental document to determine if a lease can
be ended this way.
If the rental is being converted to a condominium, the tenant must be
given a 90 day notice.
How must a landlord notify the tenant of eviction proceedings?
For a landlord to take legal action against a tenant who does not move
out, the landlord must first give written notice to the tenant in accordance
with the law (RCW
59.12.040 
). The landlord may deliver the notice in person, or he may
leave a copy with some person of suitable age or discretion and send a
copy by mail, or he may also post the notice on the property where it
can be easily seen by the tenant.
If the tenant continues to occupy the rental in violation of an eviction
notice, the landlord must go to court to begin what is called an "unlawful
detainer" action.
If the court rules in favor of the landlord, the sheriff will be instructed
to move the tenant out of the rental if the tenant does not leave voluntarily.
The only legal way for a landlord to physically move a tenant out is by
going through the courts and the sheriff's office.
Abandonment
Abandonment occurs when a tenant has fallen behind in rent and
has clearly indicated by words or actions an intention to not continue
living in the rental.
When a rental has been abandoned, the landlord may enter the unit and
remove any abandoned property. The property must be stored in a reasonably
secure place. A notice must be mailed to the tenant saying where the property
is being stored, and when it will be sold. If the landlord does not have
a new address for the tenant, the notice should be mailed to the rental
address, so it can be forwarded by the post office.
How long must the landlord wait before selling the abandoned property?
That depends on the value of the goods.
- If the total value of the property is less than $50, the landlord
must mail a notice of the sale to the tenant and then wait seven days.
- Family pictures, keepsakes, and personal papers cannot be sold until
45 days after the landlord mails the notice of abandonment.
- If the total value of the property is more than $50, the landlord
must mail a notice of sale to the tenant and then wait 45 days.
The landlord may use any money raised through the sale of the tenant's
abandoned property to cover money owed to the landlord, such as back rent
and the cost of storing and selling the goods. If there is any money left
over, then the landlord must keep it for the tenant for one year. If not
claimed within that time, it belongs to the landlord.
If a landlord takes a tenant's property and a court later determines
the property was not actually abandoned, the landlord can be ordered to
compensate the tenant for loss of the property, as well as court and attorney
costs.
What happens to a tenant's deposits when the rental is abandoned?
Within 14 days of learning of an abandonment, the landlord is responsible
for either returning a tenant's deposit or providing a statement explaining
the deposit is being kept.
