Owning a rental property can be a worthwhile investment, but it also means occasionally dealing with tenants who violate the terms of their lease or fail to pay their rent on time. While landlords have the right to evict difficult tenants, they must follow the legal process outlined by the state. According to Penoyar Law Offices in South Bend, landlords in the state of Washington cannot evict tenants themselves and must obtain a court order. Hiring an experienced attorney can help avoid costly civil penalties that can stem from inadvertently violating the law.

Serving the Notice

Depending on the reasons for the eviction, you must give the tenant at three, 10, or 20 days’ notice, delivered in writing. If the tenant has failed to pay rent or caused a continuous nuisance, you must grant three days’ notice, while those who have violated their leases may get more time. An attorney can help draft the notice and determine whether you’re required to cease eviction proceedings if the tenants take certain actions.

Filing a Complaint

The next steps in obtaining a court order involve filing a summons and complaint and having the documents officially served to the tenant. If they fail to respond by the date listed on the complaint, a summary judgment will be issued in your favor. Having an effective lawyer prepare and submit these documents for you can eliminate uncertainty and prevent mistakes which could cause delays.

Presenting the Order to Show Cause

This court appearance is your opportunity to present your evidence, including police reports, receipts, or any other documentation showing your reasons for evicting the tenant. The hearing may be held at the same time or scheduled for another date. The tenant will be given a chance to offer their defense, if they have one, along with evidence supporting their case. If the judge decides in your favor, they will Write of Restitution ordering the eviction, as well as payment of your legal fees and any back rent the tenant owes.

The attorneys at the Penoyar Law Offices in South Bend, WA, have over 100 years of combined legal experience across a wide range of subjects, from contract law to tenant evictions. If you’re having difficulty with a rental property, they will guide you through the process of removing a tenant to protect you from liability and ensure your interests are adequately represented. For a free initial consultation, visit their website or call (360) 875-5321. Like the firm on Facebook for more legal tips.