Wash. Rev. Code » Title 59 · Chapter 59.12

Wash. Rev. Code § 59.12.030

Unlawful detainer defined

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Except as limited under RCW 59.18.650 relating to tenancies under chapter 59.18 RCW, a tenant of real property for a term less than life is liable for unlawful detainer either:
(1) When he or she holds over or continues in possession, in person or by subtenant, of the property or any part thereof after the expiration of the term for which it is let to him or her. When real property is leased for a specified term or period by express or implied contract, whether written or oral, the tenancy shall end without notice at the expiration of the specified term or period;
(2) When he or she, having leased property for an indefinite time with monthly or other periodic rent reserved, continues in possession thereof, in person or by subtenant, after the end of any such month or period, when the landlord, more than 20 days prior to the end of such month or period, has served notice (in manner in RCW 59.12.040 provided) requiring him or her to quit the premises at the expiration of such month or period;
(3) When he or she continues in possession in person or by subtenant after a default in the payment of rent, and after notice in writing requiring in the alternative the payment of the rent or the surrender of the detained premises, served (in manner in RCW 59.12.040 provided) on behalf of the person entitled to the rent upon the person owing it, has remained uncomplied with for the period of three days after service, or for the period of 14 days after service for tenancies under chapter 59.18 RCW. The notice may be served at any time after the rent becomes due. For the purposes of this subsection and as applied to tenancies under chapter 59.18 RCW, "rent" has the same meaning as defined in RCW 59.18.030;
(4) When he or she continues in possession in person or by subtenant after a neglect or failure to keep or perform any condition or covenant of the lease or agreement under which the property is held, including any covenant not to assign or sublet, other than one for the payment of rent, and after notice in writing requiring in the alternative the performance of such condition or covenant or the surrender of the property, served (in manner in RCW 59.12.040 provided) upon him or her, and if there is a subtenant in actual possession of the premises, also upon such subtenant, shall remain uncomplied with for 10 days after service thereof. Within 10 days after the service of such notice the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform such condition or covenant and thereby save the lease from such forfeiture. For the purposes of this subsection and as applied to tenancies under chapter 59.18 RCW, "rent" has the same meaning as defined in RCW 59.18.030;
(5) When he or she commits or permits waste upon the demised premises, or when he or she sets up or carries on thereon any unlawful business, or when he or she erects, suffers, permits, or maintains on or about the premises any nuisance, and remains in possession after the service (in manner in RCW 59.12.040 provided) upon him or her of three days' notice to quit;
(6) A person who, without the permission of the owner and without having color of title thereto, enters upon land of another and who fails or refuses to remove therefrom after three days' notice, in writing and served upon him or her in the manner provided in RCW 59.12.040. Such person may also be subject to the criminal provisions of chapter 9A.52 RCW; or
(7) When he or she commits or permits any gang-related activity at the premises as prohibited by RCW 59.18.130.
[ 2021 c 212 s 6; 2019 c 356 s 2; 1998 c 276 s 6; 1983 c 264 s 1; 1953 c 106 s 1. Prior: 1905 c 86 s 1; 1891 c 96 s 3; 1890 p 73 s 3; RRS s 812.]

Notes:

Effective date—2021 c 212: See note following RCW 59.18.030.
Intent—2019 c 356: "It is declared to be the public policy of the state and a recognized governmental function to assist residents who are experiencing a temporary crisis in retaining stable housing, and by so doing to contribute to the general welfare. Decent housing for the people of Washington state is a most important public concern. An escalation of rents and scarcity of housing supply have made it difficult for many Washingtonians to obtain stable housing, especially if they lose housing after experiencing an extraordinary life event that temporarily leaves them without resources and income. It is the long-standing practice of the state to make rental assistance available in many such urgent situations, and it is the intent of the legislature to provide a payment on the tenant's behalf to the landlord in certain eviction proceedings to give the tenant additional time to access resources that allow the tenants to stay in their home." [ 2019 c 356 s 1.]
End of month to month tenancy: RCW 59.04.020, 59.18.200.
Unlawful detainer defined: RCW 59.16.010.
Notes of Decisions
Cited in 144 cases (36 in the last 5 years), 1952–2026 · leading case: Christensen v. Ellsworth
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Christensen v. Ellsworth (2007) wash · cites it 19× “RCW 59.12.030. The purpose of the notice is to provide the tenant with " at least one opportunity to correct a breach before forfeiture of a lease under the accelerated restitution provisions of RCW 59.”
Christensen v. Ellsworth (2007) wash · cites it 18× “RCW 59.12.030. The purpose of the notice is to provide the tenant with “at least one opportunity to correct a breach before forfeiture of a lease under the accelerated restitution provisions of RCW 59.”
Kitsap County Consolidated Housing Authority v. Kimbra Henry-levingston (2016) washctapp · cites it 34× “The unlawful detainer statute, beginning at RCW 59.12.030, created a summary proceeding that was an alternative to an ejectment action.”
HOUSING AUTHORITY OF CITY OF EVERETT v. Terry (1990) wash · cites it 16× “Whether a trial court has subject matter jurisdiction over an unlawful detainer action when the plaintiff has not complied with the notice provisions of RCW 59.12.030; if not, then 2. Whether federal law preempts the notice requirements of RCW 59.”
FPA Crescent Associates, LLC v. Jamie's LLC (2015) washctapp · cites it 23× “In reply briefing, FPA noted that a tenant is guilty of unlawful detainer when he or she holds or continues in possession after expiration of the term for which the property is let to him or her, with a general cite to RCW 59.12.030. In response, Pendleton challenged FPA’s…”
Angelo Property Co., Lp v. Hafiz (2012) washctapp · cites it 9× “Unlawful Detainer Actions Generally ¶33 An unlawful detainer action under RCW 59.12.030 is a summary proceeding designed to facilitate the recovery of possession of leased property; the primary issue for the trial court to resolve is the “right to possession” as between a…”
Spokane Airport Bd. v. Experimental Aircraft Ass'n, Chapter 79 (2021) wash · cites it 21× “Relevant here, it added language stating that a tenant is liable for unlawful detainer under RCW 59.12.030 “[e]xcept as limited under section 2 of this act relating to tenancies under chapter 59.”
Philip D. Burgess And Linda L. Burgess, Res. v. Rowena Crossan, App. (2015) washctapp · cites it 7× “¶10 A landlord may initiate an unlawful detainer action against a tenant for nuisance under RCW 59.12.030. The unlawful detainer statutes provide an expedited method of resolving the right to possession of property.”
Savings Bank v. Mink (1987) washctapp · cites it 6× “They include the following situations: (a) Holding over after the expiration of tenancy for a specified time; (b) Continuing in possession after a 20-day notice to vacate has been served when the tenancy is for an indefinite time with monthly or other periodic rent reserved; (c)…”
IBF, LLC v. Heuft (2007) washctapp · cites it 3× “On March 22, 2006, IBF personally delivered a three-day notice pursuant to RCW 59.12.030(3) to pay rent or quit the premises.”
Carlstrom v. Hanline (2000) washctapp · cites it 3× “RCW 59.12.030. When real property is leased for a specified period of time, the tenancy “shall be terminated without no *787 tice at the expiration of the specified term or period.”
TACOMA RESCUE MISSION v. Stewart (2010) washctapp · cites it 4× “¶ 5 In 2007, TRM issued multiple 20 day "`no cause'" termination notices under RCW 59.12.030(2). [5] CP at 310. On July 31, 2007, the Fair Housing Center of Washington requested that TRM reasonably accommodate Stewart's limited ability to seek alternate housing and allow him to…”
Show all 144 citing cases →
— Wash. Rev. Code § 59.12.030(1) — 16 cases
Kitsap County Consolidated Housing Authority v. Kimbra Henry-levingston (2016) washctapp “The unlawful detainer statute, beginning at RCW 59.12.030, created a summary proceeding that was an alternative to an ejectment action.”
FPA Crescent Associates, LLC v. Jamie's LLC (2015) washctapp “In reply briefing, FPA noted that a tenant is guilty of unlawful detainer when he or she holds or continues in possession after expiration of the term for which the property is let to him or her, with a general cite to RCW 59.12.030. In response, Pendleton challenged FPA’s…”
Spokane Airport Bd. v. Experimental Aircraft Ass'n, Chapter 79 (2021) wash “Relevant here, it added language stating that a tenant is liable for unlawful detainer under RCW 59.12.030 “[e]xcept as limited under section 2 of this act relating to tenancies under chapter 59.”
Faciszewski v. Brown (2016) wash
Savings Bank v. Mink (1987) washctapp “They include the following situations: (a) Holding over after the expiration of tenancy for a specified time; (b) Continuing in possession after a 20-day notice to vacate has been served when the tenancy is for an indefinite time with monthly or other periodic rent reserved; (c)…”
— Wash. Rev. Code § 59.12.030(2) — 16 cases
TACOMA RESCUE MISSION v. Stewart (2010) washctapp “¶ 5 In 2007, TRM issued multiple 20 day "`no cause'" termination notices under RCW 59.12.030(2). [5] CP at 310. On July 31, 2007, the Fair Housing Center of Washington requested that TRM reasonably accommodate Stewart's limited ability to seek alternate housing and allow him to…”
Tacoma Rescue Mission v. Stewart (2010) washctapp
Recreational Equipment, Inc. v. World Wrapps Northwest, Inc. (2011) washctapp
Stevenson v. Parker (1980) washctapp
Savings Bank v. Mink (1987) washctapp “They include the following situations: (a) Holding over after the expiration of tenancy for a specified time; (b) Continuing in possession after a 20-day notice to vacate has been served when the tenancy is for an indefinite time with monthly or other periodic rent reserved; (c)…”
— Wash. Rev. Code § 59.12.030(3) — 48 cases
Christensen v. Ellsworth (2007) wash “RCW 59.12.030. The purpose of the notice is to provide the tenant with " at least one opportunity to correct a breach before forfeiture of a lease under the accelerated restitution provisions of RCW 59.”
Christensen v. Ellsworth (2007) wash “RCW 59.12.030. The purpose of the notice is to provide the tenant with “at least one opportunity to correct a breach before forfeiture of a lease under the accelerated restitution provisions of RCW 59.”
FPA Crescent Associates, LLC v. Jamie's LLC (2015) washctapp “In reply briefing, FPA noted that a tenant is guilty of unlawful detainer when he or she holds or continues in possession after expiration of the term for which the property is let to him or her, with a general cite to RCW 59.12.030. In response, Pendleton challenged FPA’s…”
IBF, LLC v. Heuft (2007) washctapp “On March 22, 2006, IBF personally delivered a three-day notice pursuant to RCW 59.12.030(3) to pay rent or quit the premises.”
Christensen v. Ellsworth (2006) washctapp
— Wash. Rev. Code § 59.12.030(4) — 22 cases
HOUSING AUTHORITY OF CITY OF EVERETT v. Terry (1990) wash “Whether a trial court has subject matter jurisdiction over an unlawful detainer action when the plaintiff has not complied with the notice provisions of RCW 59.12.030; if not, then 2. Whether federal law preempts the notice requirements of RCW 59.”
Kitsap County Consolidated Housing Authority v. Kimbra Henry-levingston (2016) washctapp “The unlawful detainer statute, beginning at RCW 59.12.030, created a summary proceeding that was an alternative to an ejectment action.”
Angelo Property Co., Lp v. Hafiz (2012) washctapp “Unlawful Detainer Actions Generally ¶33 An unlawful detainer action under RCW 59.12.030 is a summary proceeding designed to facilitate the recovery of possession of leased property; the primary issue for the trial court to resolve is the “right to possession” as between a…”
Mead v. Park Place Properties (1984) washctapp
Bellevue Square Managers, Inc. v. GRS Clothing, Inc. (2004) washctapp
— Wash. Rev. Code § 59.12.030(5) — 9 cases
TACOMA RESCUE MISSION v. Stewart (2010) washctapp “¶ 5 In 2007, TRM issued multiple 20 day "`no cause'" termination notices under RCW 59.12.030(2). [5] CP at 310. On July 31, 2007, the Fair Housing Center of Washington requested that TRM reasonably accommodate Stewart's limited ability to seek alternate housing and allow him to…”
Philip D. Burgess And Linda L. Burgess, Res. v. Rowena Crossan, App. (2015) washctapp “¶10 A landlord may initiate an unlawful detainer action against a tenant for nuisance under RCW 59.12.030. The unlawful detainer statutes provide an expedited method of resolving the right to possession of property.”
Tacoma Rescue Mission v. Stewart (2010) washctapp
Angelo Property Co., Lp v. Hafiz (2012) washctapp “Unlawful Detainer Actions Generally ¶33 An unlawful detainer action under RCW 59.12.030 is a summary proceeding designed to facilitate the recovery of possession of leased property; the primary issue for the trial court to resolve is the “right to possession” as between a…”
Shepherd v. WELDON MEDIATION SERVICES, INC. (2011) wawd
— Wash. Rev. Code § 59.12.030(6) — 12 cases
Puget Sound Investment Group, Inc. v. Bridges (1998) washctapp
Bellevue Square Managers, Inc. v. GRS Clothing, Inc. (2004) washctapp
Kennedy v. McGuire (1984) washctapp
Selene RMOF II Reo Acquisitions II, LLC v. Ward (2017) wash
Mark Whitmore v. Zane Larsen (2020) washctapp
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.