Notice requirements are strictly construed against the landlord. Even if you can prove the tenant actually received the notice, failure to strictly adhere to the service methods may result in dismissal of the eviction action. There are three acceptable means to serve a notice on a tenant.
1
Personal Service
Personally serve the notice by placing a copy of the notice in the hands of each and every tenant.
2
Sustitute Service AND Mailing
Substitute service on a some person of suitable age and discretion AND mailing a copy to each tenant.
3
Posting AND Mailing
If neither the tenant nor a person of suitable age and discretion is present then affixing a copy of the notice in a conspicuous place on the premises AND mailing a copy.
Mailing. Regular first class is fine. When mailing is required, one day is added by rule to the response from the tenant. In effect, a three-day notice becomes a four-day notice and a ten-day notice an eleven-day notice.
More than one tenant. If there is more than one person living in the property it is important to serve enough for each person. It is best to serve all known residents, whether authorized by the lease or not. If someone answers the door, hand that person enough notices for everyone and mail copies separately to each other tenant. Likewise if posting a copy, mail one separately to each tenant.
Posting. Notices must be posted in a conspicuous manner. Anyone should be able to walk up and read it. Therefore, do NOT fold it, leave it in an envelope, slide it under the door or through the mail slot, etc.
Please Note – While you may not contract for shorter notice periods than required by statute, you may agree to longer periods. Check your lease. If it states the tenant is to receive a longer notice period than is called for in the statute and in our standard forms, you must edit the forms appropriately.
RCW 59.12.040.
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