[WSBARP] Unlawful Detainer, Mail Notice and then Post

[Josh Grant]

I have a client, Landlord, who did a pretty good job without legal help.  Tenant is a month to month residential holdover, and client has property sold.  Tenant keeps delaying departure.

The notice to vacate gave 32 days to be out.  They mailed it on 1/25 to tenant and THEN posted it conspicously on 1/30.  Then they mutually agreed (apparently verbally) to let them stay til 3/27.  They still are there.

In looking at 59.12.040 it says you can post the notice “and also sending a copy through the mail addressed to the tenant”.  It doesn’t say that the mailing has to be after the posting.

I hope we don’t have to start all over with another 20 day notice.  Client may lose a sale.

Is there authority that if you verbally let a tenant after the date on your notice to vacate, that you have to re-do the notice?

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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