Service of Unlawful Detainer Notices.

With some exceptions, unlawful detainer notices must be served either: 

1. by personal delivery to the person entitled to the notice; 
2. if the person entitled to the notice is not on the unlawfully held premises, by leaving a copy with a person of suitable age and discretion at the premises and sending a copy by certified mail posted from within the state to the last known address of the person entitled to the notice; or 
3. if the person entitled to the notice is a tenant or unlawful occupant whose place of residence is not known, or if a person of suitable age and discretion cannot be found at the premises, by doing all three of the following:  affixing a copy of the notice in a conspicuous place on the premises unlawfully held, delivering a copy to a person residing at the premises if such a person can be found, and mailing a copy addressed to the tenant or unlawful occupant at the unlawfully held premises.

When a copy of an unlawful detainer notice is sent through the mail, service is deemed complete when the copy is deposited in the mail by certified mail, has postage prepaid, is posted from within the state, and is directed to the last known address of the person entitled to notice.  When service is made by mail, five additional days must be allowed before the commencement of an action based upon the notice.

Notices Required to be Served in the Same Manner as Unlawful Detainer Notices.

Certain notices are required to be served in the same manner as unlawful detainer notices, including the following:

• rent increase notices under both the Residential Landlord-Tenant Act (RLTA) and the Manufactured/Mobile Home Landlord-Tenant Act;
• many notices for termination of a tenancy under the RLTA, including notices of the expiration of a tenancy for a specified time;
• certain notices of default on rent due under a court-ordered payment plan;
• notices of a condominium conversion and public offering statement to residential tenants in a building that the owner intends to convert into a condominium; and
• a copy of the summons and complaint in cases of default on rent for real property where the rent is $40 or less.

When a copy of an unlawful detainer notice is sent through the mail, service is deemed complete when the copy is deposited in the mail from within the state, properly addressed, with postage prepaid.  The requirement for certified mail delivery is removed.  

With some exceptions, unlawful detainer notices must be served either: 

1. by personal delivery to the person entitled to the notice; 
2. if the person entitled to the notice is not on the unlawfully held premises, by leaving a copy with a person of suitable age and discretion at the premises and sending a copy through the mail addressed to the person entitled to the notice at the person's place of residence (instead of sending a copy by certified mail posted from within the state to the last known address of the person entitled to the notice); or 
3. if the person entitled to the notice is a tenant or unlawful occupant whose place of residence is not known, or if a person of suitable age and discretion cannot be found at the premises, by doing all three of the following:  affixing a copy of the notice in a conspicuous place on the premises unlawfully held, delivering a copy to a person residing at the premises if such a person can be found, and mailing a copy addressed to the tenant or unlawful occupant at the unlawfully held premises.

(In support) This bill is a practical, common sense fix to a problem that was created last year by adding certified mail requirements.  This bill takes care of all the notices that were affected by the certified mail requirements.  Certified mail seemed good in theory but failed in practice.  The intentions of the law were to make sure tenants receive their notices, but in reality the certified mail requirements have made it more difficult for tenants to receive their notices. 

With certified mail, if tenants are not at home when the mail is delivered, they have to return to the post office with their certified mail slip to get their mail.  Tenants are often not at home when the mail is delivered and have very little motivation to go to a federal building to pick it up.  Some tenants might not have a car or are unable to get time off work.  Regular mail will have a better chance to reach the tenant.  Supporting this bill means more convenience for tenants.  This is also a privacy and safety issue.  Tenants generally do not want personal affairs posted openly on their front doors.  

The certified mail requirements have also added significant administrative costs for landlords.  Some landlords and property managers have over a thousand pieces of paper to mail each month.  For many landlords and property managers, a significant percentage (ranging from 40 to 90 percent) of the notices that they send via certified mail are returned as unclaimed.  This is an added cost that gets put back on the property owners, and many owners are now selling their properties due to added costs.  This means less rental homes are available.

Some landlords fully support this bill and think it is a step in the right direction, but would rather have an even simpler electronic notice requirement such as email or text message.

(Opposed) None.

Representative April Connors, prime sponsor; Krystelle Purkey, Washington Multi-Family Housing Association; Cory Brewer, WPM NW Inc.; Joe Plotts, Bellwether Housing; Emileigh Kinnear, Landmark Real Estate Management; Chester Baldwin, Rental Housing Assn of WA; Jim Henderson, National Association of Residential Property Managers; Peter Hansen; Bruce Becker; Ken Short, AWB; and Daniel Bannon, RHAWA.