ATTENTION!
The Washington Court of Appeals recently issued an opinion with great impact on the manner of serving notices to tenants. You are now required to serve a notice on each tenant named on your lease to acquire unlawful detainer (eviction) jurisdiction.
How to Serve Notices:
1.) Delivering the Notice personally to each tenant named on the lease and each subtenant; or if any tenant is absent, hand a copy of the Notice for each tenant to someone at the leasehold;
2.) Posting a separate copy of the Notice for each individual tenant on the front door;
3.) Mailing a separate copy of the Notice for each individual tenant.
If all three of the above steps are taken then service of your Notice should always be effective. The following is a description of service requirements set forth in RCW 59.12.040. PROPER SERVICE OF NOTICE IS CRITICAL TO THE VIABILITY OF ANY FUTURE ACTION.
Personal Service - Hand delivered to each tenant named in the lease - or - delivered to an individual eighteen (18) years of age or older of suitable discretion living at the premises. Personal service is the preferable means of service. If you serve an individual (of suitable age and discretion) other than the tenant you must also mail a separate copy of the Notice to each tenant at the leasehold property. If you hand deliver a notice to a person not of suitable age and discretion then posting and mailing are both required.
You must attempt to deliver the Notice by Personal Service to each tenant and subtenant. If no individual can be found at the leasehold an alternative form of service (posting and mailing) is available.
Post and Mail - In this case, a copy of the Notice for each tenant and subtenant must be posted in a conspicuous place, preferably on the front door, and mailed separately to each tenant via first class. (If the Lease states that Notice must be mailed by certified mail, then Notice should be mailed via first class mail and certified mail).
A Proof of Service must be filled out for each tenant according to how each tenant was served. Always date and sign the Proof of Service. A copy of the Notice with an appropriately completed Proof of Service for each tenant and/or subtenant should be retained.
If you have any questions please contact me to discuss your case. My office, open weekdays from 8:30 am until 5:00 pm, is located near the Spokane courthouse.