BILL REQ. #:  H-4327.1 

Read first time 01/22/10.   Referred to Committee on Judiciary.

     AN ACT Relating to service of notice requirements under the residential landlord-tenant act; and amending RCW 59.12.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 59.12.040 and 1983 c 264 s 2 are each amended to read as follows:
     Any notice provided for in this chapter shall be served either (1) by delivering a copy personally to the person entitled thereto or, if there are two or more such persons, a jointly addressed copy personally to one of the persons entitled thereto; or (2) if he ((be)) or she or they are absent from the premises unlawfully held, by leaving there a copy, or jointly addressed copy if there is more than one person entitled to notice, with some person of suitable age and discretion, and sending ((a)) such copy through the mail addressed to the person or persons entitled thereto at his or her place of residence; or (3) if the person or persons to be notified be a tenant, or an unlawful holder of the premises, and his or her place of residence is not known, or if a person of suitable age and discretion there cannot be found then by affixing a copy of the notice in a conspicuous place on the premises unlawfully held, and also delivering a copy to a person there residing, if such a person can be found, and also sending a copy through the mail addressed to the tenant, or jointly to the tenants, or unlawful occupant or occupants, at the place where the premises unlawfully held are situated. Service upon a subtenant may be made in the same manner: PROVIDED, That in cases where the tenant or unlawful occupant, shall be conducting a hotel, inn, lodging house, boarding house, or shall be renting rooms while still retaining control of the premises as a whole, that the guests, lodgers, boarders or persons renting such rooms shall not be considered as subtenants within the meaning of this chapter, but all such persons may be served by affixing a copy of the notice to be served in two conspicuous places upon the premises unlawfully held; and such persons shall not be necessary parties defendant in an action to recover possession of said premises. Service of any notice provided for in this chapter may be had upon a corporation by delivering a copy thereof to any officer, agent or person having charge of the business of such corporation, at the premises unlawfully held, and in case no such officer, agent or person can be found upon such premises, then service may be had by affixing a copy of such notice in a conspicuous place upon said premises and by sending a copy through the mail addressed to such corporation at the place where said premises are situated. Proof of any service under this section may be made by the affidavit of the person making the same in like manner and with like effect as the proof of service of summons in civil actions. When a copy of notice is sent through the mail, as provided in this section, service shall be deemed complete when such copy is deposited in the United States mail in the county in which the property is situated properly addressed with postage prepaid: PROVIDED, HOWEVER, That when service is made by mail one additional day shall be allowed before the commencement of an action based upon such notice. RCW 59.18.375 may also apply to notice given under this chapter.