Scott E. Feir
Property Manager Survival Guide to Preparing Default Notices
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.
Summarized, a tenant may be guilty of unlawful detainer under RCW 59.12.030 as follows:
(1) Holding over after the expiration of tenancy for a specified time;
(2) 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;
(3) Continuing possession after default in payment of rent and tenant has failed either to pay or vacate the premises within 3 days after service of the notice to do so;
(4) Continuing in possession after neglect or failure to perform any of the covenants of the lease and failure to comply with the terms within 10 days after service of the notice requiring him to do so;
(5) Committing or permitting waste or maintaining a nuisance upon the premises and continuing in possession after service of a 3-day notice to vacate;
(6) Entering upon the land of another without the owner's consent and remaining thereon after 3-day notice to vacate; and
(7) Permitting gang-related activity.
Only subsection (1) does not require any notice. Savings Bank of Puget Sound v. Mink, 49 Wn. App. 204, 741 P.2d 1043 (1987).
III. Requirements Common to All Notices
It is not always clear from RCW 59.12.030 what information should be included in a notice. However, RCW 59.12.030 and case law do provide helpful guidance.
A. Written Notice
All notices must be in writing. Although not specifically set forth in the statute, it is implied from RCW 59.12.040 (service of notice), which requires a notice be delivered, posted, and/or mailed2.
B. Pertinent Dates and/or Time Periods
All notices should provide the tenant with pertinent dates and/or time periods, including the date for surrender of the premises and, if applicable, the number of days the tenant has to correct the breach. RCW 59.12.030 provides some minimum periods.
| Failure to Pay Rent | 3 days | |
| Non-Rent Lease Breach | 10 days | |
| Termination of Periodic Tenancy | 20 days prior to end of period | |
| Waste, Nuisance, Trespass | 3 days |
2Perhaps the one exception to the written notice rule is RCW 59.12.030(1), which requires no notice at all. The statute provides that leases of a specified period shall terminate “without notice.” RCW 59.12.030(1). The tenancy for a fixed/specified period simply terminates at the end of the period and no additional notice is required. Stanford Land Co. v. Steidle, 28 Wn. 72, 76-7, 68 P. 178 (1902). However, the prudent landlord may still want to provide notice to a tenant that holds over after the expiration of a lease for a fixed period simply because it may avoid an unnecessary court action.
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