Wash. Rev. Code » Title 59 · Chapter 59.04
Revised Code of Washington

Wash. Rev. Code § 59.04.050 (2026)

Tenancy by sufferance—Termination

✓ current as of May 2026
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Whenever any person obtains possession of premises without the consent of the owner or other person having the right to give said possession, he or she shall be deemed a tenant by sufferance merely, and shall be liable to pay reasonable rent for the actual time he or she occupied the premises, and shall forthwith on demand surrender his or her said possession to the owner or person who had the right of possession before said entry, and all his or her right to possession of said premises shall terminate immediately upon said demand.
[ 2010 c 8 s 19002; Code 1881 s 2057; 1867 p 101 s 5; RRS s 10621.]
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1963–2022 · leading case: Howard v. Edgren, 385 P.2d 41 (Wash. 1963).
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Howard v. Edgren, 385 P.2d 41 (Wash. 1963). · cites it 12× “RCW 59.04.050. [1] [2] A mortgagor does not lose his right to the possession of mortgaged real property by failing to make payments on the mortgage, or by moving out of the community; Norlin v.”
Sarvis v. Land Resources, Inc., 815 P.2d 840 (Wash. Ct. App. 1991). · cites it 3× “Sarvis, in rebuttal, claims that Rux was "in possession" as a tenant by sufferance under RCW 59.04.050 and, therefore, the trial court had jurisdiction.”
Marsh-McLennan Bldg., Inc. v. Clapp, 980 P.2d 311 (Wash. Ct. App. 1999). “” RCW 59.04.050. Such person is liable for reasonable rent for the actual time he or she occupies the premises and must, on demand, surrender possession to the owner.”
Wells Fargo Bank v. Daniel G. Szmania (Wash. Ct. App. 2021). · cites it 2× “7 6 Szmania claims that he is a “tenant in sufferance” under RCW 59.04.050. Appellant’s Opening Br. at 23.”
Tandem, A Wine & Cheese Bar, Llc, V. Nwcv Assocs., Llc (Wash. Ct. App. 2022). · cites it 2× “Tandem also cites RCW 59.04.050 and Sarvis v. Land Resources, Inc.”
Est. Of Yoland \lani\" Slough. Robert Slough v. Christine Calderbank" (Wash. Ct. App. 2013). “Next, the beneficiaries pointed to RCW 59.04.050 for the authority that Slough also owed rent as a tenant at sufferance, for the time prior to his appointment as personal representative.”
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