[WSBARP] Service by Posting under RCW 59.12.040

[Deric Young]

No, personal service must first be attempted.  RCW 59.12.040 also states:  ". . .or (2) if he or she be absent . . . or (3) if the person . . ."

Also, in my opinion, the 60 day notice is not unlike the 20 day notice under RCW 59.12.030 in the sense that it is not literally 20 days, it just must be served at least 20 days in advance of the end of the term, which with most month to month tenancies is the last day of the month.

Also, be aware that the Supreme Court has stayed execution on writs of restitution  in at least three counties to allow them to consider whether the CDC moratorium preempts the governor's order with respect to 60 day notices.  However, the CDC moratorium does not prevent you from serving notices or commencing unlawful detainer actions.

Deric N. Young, Attorney at Law
Jack W. Hanemann, P.S.
2120 State Ave N.E., Suite 101
Olympia, Washington  98506
Phone: (360) 357-3501
Fax: (360) 357-2299
Email:  deric at hbjlaw.com

This e-mail message and any attachments are confidential and may be privileged.  If you are not the intended recipient, please notify deric at hbjlaw.com immediately by replying to this message and destroy all copies of this message including all attachments.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Monday, April 12, 2021 2:22 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Service by Posting under RCW 59.12.040

Listmates,

Is the posting and mailing, under RCW 59.12.040, of a 60-day notice to vacate based upon the property sale, allowed without first attempting to personally serve the tenant?  That statute starts out by "Any notice provided for in this chapter shall be served either . . . ?

Jeff Davis
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