Commercial evictions in Washington are pursued either as an unlawful detainer
action under RCW Chapter 59.12 or as an ejectment action. *
The procedure for a commercial eviction essentially mirrors that for residential
evictions. See our page on the eviction process. There are however some important differences.
In a commercial lease it is possible to obtain a writ after filing the unlawful
detainer action by posting a bond in an amount to be determined by the court. This
is also conditioned on the landlord “will prosecute his action without delay” and also that the landlord all of
the defendants costs should the defendant ultimately prevail.
Should the landlord be unable to effect personal service in a residential eviction
the landlord may seek a court order to allow posting and mailing of the summons and complaint.
Under these circumstances the summons must be answerable in nine days.
Under similar circumstances in a commercial eviction the landlord might proceed
by servicing the summons by publication. The summons is answerable in 60 days.
It is also worth noting than many commercial leases provide for more notice
for default under the terms of the lease than the statutory minimum. If the lease
provides, say, five days notice of default, then the landlord must provide five days notice to pay or vacate, not the statutory
minimum three. Boiler plate forms (including the ones on this website) that provide
for only the statutory minimum notice have to be edited to comply with the lease.
This rule applies to both commercial and residential leases, but is more common
in commercial leases. Failure to comply will result in dismissal of the action. If the writ was issued as discussed above the landlord could face an expensive costs
bill from the tenant.
There are many important considerations in a commercial eviction. Consult an attorney before taking actions that may affect your rights.
* An ejectment action is rarely
advantageous to the landlord and is discussed elsewhere.
