Wash. Rev. Code § 59.12.040

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*** CHANGE IN 2026 *** (SEE 2664.SL) ***

Any notice provided for in this chapter shall be served either (1) by delivering a copy personally to the person entitled thereto; or (2) if he or she be absent from the premises unlawfully held, by leaving there a copy, with some person of suitable age and discretion, and sending a copy by certified mail, posted from within Washington state, to the last known address of the person entitled thereto; or (3) if the person to be notified be a tenant, or an unlawful holder of premises, and his or her place of residence is not known, or if a person of suitable age and discretion there cannot be found then by affixing a copy of the notice in a conspicuous place on the premises unlawfully held, and also delivering a copy to a person there residing, if such a person can be found, and also sending a copy through the mail addressed to the tenant, or unlawful occupant, at the place where the premises unlawfully held are situated. Service upon a subtenant may be made in the same manner: PROVIDED, That in cases where the tenant or unlawful occupant, shall be conducting a hotel, inn, lodging house, boarding house, or shall be renting rooms while still retaining control of the premises as a whole, that the guests, lodgers, boarders, or persons renting such rooms shall not be considered as subtenants within the meaning of this chapter, but all such persons may be served by affixing a copy of the notice to be served in two conspicuous places upon the premises unlawfully held; and such persons shall not be necessary parties defendant in an action to recover possession of said premises. Service of any notice provided for in this chapter may be had upon a corporation by delivering a copy thereof to any officer, agent, or person having charge of the business of such corporation, at the premises unlawfully held, and in case no such officer, agent, or person can be found upon such premises, then service may be had by affixing a copy of such notice in a conspicuous place upon said premises and by sending a copy through the mail addressed to such corporation at the place where said premises are situated. Proof of any service under this section may be made by the affidavit of the person making the same in like manner and with like effect as the proof of service of summons in civil actions. When a copy of notice is sent through the mail, as provided in this section, service shall be deemed complete when such copy is deposited in the United States mail postage prepaid, by certified mail, posted from within Washington state, directed to the last known address of the person entitled thereto: PROVIDED, HOWEVER, That when service is made by mail five additional days shall be allowed before the commencement of an action based upon such notice. A termination notice served pursuant to this section shall specify in the notice the date by which the person to whom the notice is sent must vacate or, if applicable, comply.

[ 2025 c 44 s 1; 2021 c 115 s 14; 2010 c 8 s 19007; 1983 c 264 s 2; 1911 c 26 s 1; 1905 c 86 s 2; 1891 c 96 s 5; RRS s 814. Prior: 1890 p 75 s 4.]

Notes:

Finding—Intent—Application—Effective date—2021 c 115: See notes following RCW 59.18.620.

Notes of Decisions

Cited in 41 cases (11 in the last 5 years), 1961–2026 · leading case: Christensen v. Ellsworth

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Christensen v. Ellsworth (2007) wash · cites it 4× “(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)…”

Hall v. Feigenbaum (2014) washctapp · cites it 6× “16 ¶12 RCW 59.12.040 provides that [a]ny notice provided for in this chapter shall be served either (1) by delivering a copy personally to the person entitled thereto; or (2) if he or she be absent from the premises unlawfully held, by leaving there a copy, with some person of…”

Stephen Faciszewski Et Al., Respondents, v. Michael R. Brown Et Al., Appellants (2016) washctapp · cites it 8× “¶14 RCW 59.12.040 controls service of the termination notice and provides three methods of service: Any notice provided for in this chapter shall be served either (1) by delivering a copy personally to the person entitled thereto; or (2) if he or she be absent from the premises…”

Marsh-McLennan Building, Inc. v. Clapp (1999) washctapp · cites it 7× “We see no reason to address the admissibility of the affidavits under the business records exception because we find that under the plain language of RCW 59.12.040, the affidavits are competent proof of service.”

Philip D. Burgess And Linda L. Burgess, Res. v. Rowena Crossan, App. (2015) washctapp · cites it 6× “: (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…”

Leda v. Whisnand (2009) washctapp · cites it 2× “’ RCW 59.12.040. Proof of service of a summons in a civil action is governed by CR 4(g).”

Leda v. Whisnand (2009) washctapp · cites it 2× “' RCW 59.12.040. Proof of service of a summons in a civil action is governed by CR 4(g).”

HOUSING AUTHORITY CITY OF PASCO AND FRANKLIN CTY. v. Pleasant (2005) washctapp “2d 311 (citing RCW 59.12.040 and CR 4(g)). There is no affidavit here.”

Housing Authority v. Pleasant (2005) washctapp “at 640-41 (citing RCW 59.12.040 and CR 4(g)). There is no affidavit here.”

FPA Crescent Associates, LLC v. Jamie's LLC (2015) washctapp · cites it 2× “That subsection provides that a tenant is guilty of unlawful detainer (3) [w]hen 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…”

TACOMA RESCUE MISSION v. Stewart (2010) washctapp · cites it 2× “030(2), a tenant has committed an unlawful detainer [w]hen 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…”

Show all 41 citing cases →

— Wash. Rev. Code § 59.12.040(2) — 1 case

Guy Way And Zenaida Way v. John Choquer (2016) washctapp

— Wash. Rev. Code § 59.12.040(3) — 9 cases

Christensen v. Ellsworth (2007) wash “(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)…”

Leda v. Whisnand (2009) washctapp “’ RCW 59.12.040. Proof of service of a summons in a civil action is governed by CR 4(g).”

Leda v. Whisnand (2009) washctapp “' RCW 59.12.040. Proof of service of a summons in a civil action is governed by CR 4(g).”

Stephen Faciszewski Et Al., Respondents, v. Michael R. Brown Et Al., Appellants (2016) washctapp “¶14 RCW 59.12.040 controls service of the termination notice and provides three methods of service: Any notice provided for in this chapter shall be served either (1) by delivering a copy personally to the person entitled thereto; or (2) if he or she be absent from the premises…”

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