If you rent an apartment and have been served an unlawful detainer by your landlord, you likely have many questions. The first step to take is to consult with an attorney, who will explain the process to you and help you challenge it. In the meantime, below are the answers to some frequently asked questions about this type of notice.

A Guide to Unlawful Detainers

What is an unlawful detainer?

When a landlord seeks to remove a tenant from one of their rental units, it’s commonly called an eviction. In the state of Washington, an eviction is referred to as an "unlawful detainer."

To serve a tenant with an unlawful detainer, a landlord must have a justifiable reason for it. Common reasons include failure to pay rent, failure to comply with the terms of the rental agreement, or causing damage that reduces the value of the property. 

How must a 10- or 14-day late notice be served?

If you are late in paying rent, a landlord can serve you a 10- or 14-day late notice. The notice can be served to you personally, left with another person in your household, or posted on your door, provided that a copy has also been sent to you in the mail.

Am I entitled to a grace period past the day rent is due?

Washington State does not entitle tenants to a grace period of any kind. However, some rental agreements do include a short grace period before the rent is considered late, typically three to five days. You can have your attorney check your rental agreement to see if this is the case.

Can I negotiate with my landlord to stop the eviction process?

Yes, you may negotiate directly with your landlord, and generally, the earlier you do so, the better. If you do come to an agreement, make sure your attorney is involved and that everything is put in writing and signed by both parties.

If you’ve been served an unlawful detainer, get in touch with McPherson & McPherson Attorneys at Law in Coupeville, WA. For more than two decades, the seasoned attorneys at this law firm have helped residents fight evictions and other tenant/landlord issues. They also have expertise in family law, wills and estate planning, guardianship, and more. Visit their website for a full list of their practice areas and call (360) 678-4407 to set up an appointment today.