Your Seattle Tenant Stopped Paying Rent. Here's What Most Landlords Get Wrong About Commercial Evictions

Consider this hypothetical: your tenant missed last month's rent. Then this month's. They're avoiding your calls and want them out. You have the legal right to evict them.

You may think to send a notice telling your tenants to leave immediately. You think you're following the law. But actually, you may not be.

Washington's commercial eviction process requires strict technical compliance with RCW 59.12.030. Courts interpret the unlawful detainer statute rigidly in favor of tenants. Miss one procedural step and you are very likely to lose your eviction case entirely, even when the tenant clearly owes you money. Your lease gives you termination rights. The statute gives you eviction rights. They're different things, and confusing them costs landlords months of lost rent.

Why Your Lease Termination Rights Don't Override Statutory Notice Requirements

Most commercial landlords think eviction works like this: tenant breaches, you terminate the lease under your default provisions, tenant becomes a holdover, and then the court evicts them.

That's not necessarily how it works.

RCW 59.12.030 defines when unlawful detainer exists. For non-payment of rent, the statute requires proper notice to pay or vacate before filing an eviction action. Your lease might say you can terminate immediately upon default, but that lease provision doesn't bypass the statutory notice requirement.

The FPA Crescent Associates case from Washington's Court of Appeals shows this problem. The lease allowed immediate termination if the tenant missed rent. To continue this hypothetical, imagine that the tenant missed May rent, and the landlord served a "Notice of Termination of Lease" on May 9 demanding immediate vacating. Then the tenant mails payment on May 10, so the landlord returns it and filed for eviction.

Then the court rules in favor of the tenant. The landlord's notice didn't comply with the unlawful detainer statute because it didn't give the tenant the required opportunity to pay or vacate. The court explains that landlords using Washington's expedited eviction process must follow statute requirements exactly.

What this means: Your lease can say whatever you want about termination. However, if you actually evict someone for non-payment, then you must follow RCW 59.12.030. That means a proper pay or vacate notice with adequate time for the tenant to cure.

The Pay or Vacate Notice Most Landlords Draft Incorrectly

The pay or vacate notice requires specific content, timing, and delivery. Washington practice typically requires at least 14 days for non-payment of rent cases, though requirements can vary based on the type of tenancy and specific circumstances.

Required content:

The exact amount due. Be precise about the dollar figure owed as of service date. While small calculation errors may not automatically void your notice, disputes over the amount claimed create problems you want to avoid.

The period the charges cover. Specify which months ("rent for January and February 2026" not "past due rent").

Where and how to make payment. Give clear instructions: address, hours, accepted payment forms.

Statement of consequences. Explain what happens if they don't pay within the notice period.

Prohibited content:

Threats to lock them out. You can't lock tenants out or shut off utilities. That's illegal regardless of what they owe.

Demands beyond rent. If you're serving notice for non-payment of rent, don't add Common Area Maintenance (CAM) charges, lease violations, or other issues. Each requires separate notice.

Inflated or inaccurate amounts. Claiming an amount significantly higher than what's actually owed creates problems. While minor errors may not automatically doom your case, accuracy matters. If you demand $10,000 but they actually owe $9,500, and they tender $9,500, refusing that payment and proceeding with eviction creates litigation risk.

Timing requirements:

The notice period typically excludes the service day, Sundays, and court holidays. Count carefully. If you serve notice on Friday, the first day is usually Monday (if not a holiday). Filing your eviction lawsuit before the full notice period expires can be fatal to your case.

Many landlords count wrong or file prematurely. Courts have dismissed eviction cases for premature filing. When in doubt, give an extra day rather than risk dismissal for filing too early.

Why Accepting Partial Payment After Notice Creates Problems

Here's what could happen: you serve a pay or vacate notice, tenant sends partial payment during the notice period, you accept it and apply it. Then they don't pay the rest, so you proceed with eviction.

This creates a problem. Accepting rent after serving notice can waive your right to evict based on that notice. Courts sometimes find that accepting payment creates a new tenancy or indicates waiver of the default.

This gets worse if you accept payment covering a period beyond your notice. Suppose your tenant owes January and February rent and hypothetically, you serve notice March 1. During the notice period, they pay February rent and half of March (which isn't even due). Should you accept it, you may have waived your right to evict based on January non-payment.

What to do instead:

Decide before serving whether you want them out or want them to cure. If you want them out, reject payment after you serve notice. Return checks uncashed. Refuse credit card payments.

If you'll accept payment and let them cure, make sure payment covers everything the notice demands. Partial payment that doesn't cure the full default doesn't help you and may create waiver issues.

It is generally helpful to document everything. If you reject payment, document it in writing. If you accept payment, document exactly what it covers and whether it cures the entire default.

Pre-Trial Writs of Restitution (And Why the Bond Makes Them Impractical)

Washington law allows commercial landlords to obtain possession before trial through a writ of restitution. File your eviction lawsuit, post a bond, get immediate possession.

On paper, sounds great. However, the reality makes this impractical for most landlords.

The court sets a bond to protect the tenant if you lose at trial. Because you're getting possession before proving your case, courts typically set bonds high. The bond amount often equals several months of rent plus estimated damages.

You pay this bond upfront to get immediate possession. If you win at trial, you get the bond back. If you lose, the tenant gets the bond. If you settle mid-case, the bond gets tied up in settlement negotiations.

Most landlords find the bond cost too high for the benefit of earlier possession, especially when trial dates typically occur within a few weeks anyway.

Understanding Double Damages in Commercial Evictions

Under Washington's unlawful detainer statute, commercial landlords may be entitled to double damages for certain losses during the unlawful detainer period. RCW 59.12.170 authorizes this remedy.

The practical application is more complex than it sounds. There's ongoing debate in Washington courts and among practitioners about what constitutes "rent" for doubling purposes. While some components clearly qualify, whether all lease charges defined as "additional rent" (like CAM, taxes, and insurance) can be doubled remains an area where courts haven't provided complete clarity.

What this means: When calculating damages in your unlawful detainer complaint, work with your attorney to determine which amounts to request as doubled versus actual damages. You can typically seek actual damages for all legitimate charges even if doubling applies to only some components.

Request attorney fees if your lease allows them. Many commercial leases include attorney fee provisions that apply to collection actions, including evictions.

When Bankruptcy Stops Everything

Bankruptcy filings happen far more often in commercial evictions than residential ones. The day your tenant files bankruptcy, your eviction stops immediately. The automatic stay kicks in. You can't proceed with eviction without bankruptcy court permission.

Getting that permission (relief from automatic stay) takes time and costs money. You file a motion in bankruptcy court, wait for hearing, prove you should get relief from stay, then return to state court to finish eviction.

During this time, the tenant stays in your property. If they're paying something under bankruptcy law, courts may let them stay longer. If they're not paying anything, you'll eventually get relief from stay, but in the meanwhile you've lost months.

What you can do: Watch for bankruptcy warning signs. These may be your tenant asking for unusually long payment extensions, tenant mentioning meeting with bankruptcy attorneys, or tenant trying to negotiate settlement of all debts for pennies on the dollar.

If you see signs, consider accelerating your eviction timeline. The sooner you file and get to trial, the less time they have to file bankruptcy first.

Getting Your Tenant Out Without Losing Months

K&S Canon assists Seattle and King County commercial landlords with evictions and tenant defaults. Our team handles the technical requirements of Washington's unlawful detainer process, files proper notices, drafts complaints that maximize your recovery, and gets you to trial quickly.

We serve commercial property owners throughout Seattle and King County, including Bellevue, Redmond, Mercer Island, Issaquah, North Bend, Burien, Shoreline, Sammamish, Kent, Renton, Federal Way, and Kirkland.

Washington's eviction process is technical, and mistakes are expensive. We anticipate procedural problems before they derail your case.

Contact K&S Canon today for eviction assistance. Call us at (206) 507-4009 or visit kscanon.com to discuss your commercial tenant default.

Legal Disclaimer: This article provides general information about Washington commercial eviction law and should not be considered legal advice. Every case is different. Outcomes depend on specific facts and circumstances. For advice about your situation, contact a licensed attorney in your state.