Scott E. Feir

Property Manager Survival Guide to Preparing Default Notices

C. Adequately Informs the Tenant of the Basis of the Notice and What the Tenant Must Do Next

The level of specificity required for notices under the unlawful detainer statute varies depending on the particular violation. However, all notices should at least have a sentence that informs the tenant of the basis for the notice, such as, “…you are notified that you have occupied the premises without permission from the landlord…” or “you are notified that there is a balance of delinquent rent for the premises.” See Cornelius J. Peck, Landlord and Tenant Notices, 31 WASH.L.REV. 51, 57 (1956). The notice should also have a statement informing the tenant what the tenant must do upon receiving the notice (e.g., surrender the premises, pay rent, cure a specified lease breach, stop a certain activity).

D. Adequate Description of the Premises

The notice must provide an adequate description of the premises. This is usually a common description of the premises, such as the description provided in the lease agreement or the common street address, including unit number. A legal description is not necessary but may be included. The test by the courts is whether the tenant has been misled by the inadequacy of the description of the premises. Davis v. Jones, 15 Wn.2d 572, 131 P.2d 430 (1942). An inadequate description of the premises can render the notice defective. Metcalfe v. Heslop, 161 Wn. 106, 107, 296 P. 151 (1931). See also Provident Mutual Life Ins. Co. v. Thrower, 155 Wn. 613, 617, 285 P. 654, 656 (1930) (court upholding the landlord’s unlawful detainer notice to tenant, who operated a rooming house, even though the legal description and signature were questionable, because the landlord substantially complied with the notice requirements and tenant did not claim she was misled by the minor deficiencies).

E. Proper Identification of the Tenant and Others Entitled to Notice

The notice should state the tenant’s proper legal and trade name and contact information so that it is clear who is the intended recipient of the notice³. See Peck, supra, 31 WASH.L.REV. at 62-3. The notice should also set forth the names and addresses of other parties who have requested or are otherwise entitled to notice. Id.

F. Cite to the Statute Relied Upon

The notice should cite the specific portions of RCW 59.12.030 relied upon. The citation, although not required, can be helpful if addressing a claim by the tenant that the tenant was misled by the notice. Peck, supra, note 3 at 62.

G. Landlord’s Contact Information

The landlord should provide his or her contact information on the notice. This not only provides the tenant with a person to contact with further questions, but also addresses claims that may be raised by the tenant or other parties that they did not know whom to notify regarding compliance of the notice or the termination of the tenancy.

³Both the Washington Secretary of State and the Department of Revenue maintain searchable databases accessible via the Internet which can assist in identifying the tenant’s proper legal and registered trade names. This inquiry, however, should be done before or at the time the lease is executed, not after the tenant is in default.

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