Tacoma Eviction Lawyer

Dickson Frohlich Phillips Burgess understands landlord-tenant disputes are a very sensitive issue under Washington law. The law tries to balance the tenant’s rights with the landlord’s interests. Although the law allows evictions, it also tries to recognize that eviction is a drastic remedy because the tenant is losing their home. Thus, the law gives tenants certain protections, allowing them due process before a landlord can evict them.
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It is still possible for a landlord to evict a tenant. However, the landlord must proceed carefully because they may face penalties if they violate the law. The eviction can only occur after the court has heard the case and the tenant presents their side of the story.

Since eviction is a legal process, a landlord and tenant should consult with an attorney for any dispute. From the landlord’s standpoint, hiring a Tacoma eviction lawyer can help ensure they follow the law and represent them during the legal process. A Tacoma eviction lawyer can also assist the tenant in fighting the proceedings or seeking damages if the landlord violated the tenant’s rights.

An experienced attorney understands the intricacies of landlord-tenant law and can help you understand your rights and options. Speak to the Tacoma eviction attorneys at Dickson Frohlich Phillips Burgess to learn more about your legal rights. We can guide you through the process and represent you throughout eviction proceedings. By entrusting your case to a skilled attorney, you can have peace of mind knowing they are protecting your best interests.

Understanding Eviction Law in Washington State

Eviction law in Washington State outlines the legal process a landlord must follow to remove a tenant from rental property. Whether you are a landlord or a tenant, understanding your rights and responsibilities under Washington law is essential to avoid costly mistakes or unlawful actions.

In Washington, landlords cannot simply force tenants out without following proper legal procedures. The eviction process begins with providing the tenant with a written notice. The type of notice depends on the reason for eviction. For example, a landlord will use a 14-day Pay or Vacate Notice when a tenant has not paid rent, while a 10-day Notice to Comply or Vacate applies to lease violations other than nonpayment. A landlord uses a 20-day Notice to Terminate to end a month-to-month tenancy without cause, but only under certain conditions and with restrictions in some jurisdictions.

If the tenant does not comply with the notice, the landlord must file an unlawful detainer lawsuit. The tenant has the right to respond and may present defenses, such as improper notice, retaliatory eviction, or uninhabitable living conditions. If the court rules in favor of the landlord, it will issue a writ of restitution, authorizing the sheriff to carry out the physical eviction.

It is important to note that Washington has strong tenant protections, especially in cities like Tacoma, which may impose additional requirements on landlords. Moreover, recent changes to state law, including pandemic-related eviction moratoriums and updates to notice periods, have added complexity to the process.

Both landlords and tenants benefit from legal guidance when navigating eviction matters. An experienced Tacoma eviction attorney can help ensure compliance with state and local laws, protect your rights, and avoid unnecessary delays or liability. Understanding eviction law is the first step toward resolving disputes legally and fairly.

The Eviction Process in Tacoma: Step-by-Step Guide

Evicting a tenant in Tacoma, Washington, requires strict adherence to state and local laws. The process is detailed, and landlords must follow it precisely to avoid delays or legal liability.

Below is a step-by-step guide to the eviction process in Tacoma.

• Identify legal grounds for eviction: Landlords in Tacoma can only evict tenants for lawful reasons, including nonpayment of rent, lease violations, criminal activity, or termination of a month-to-month tenancy. Washington’s Residential Landlord-Tenant Act governs the specific rules, and Tacoma may have additional local requirements.
• Serve proper notice: Before filing for eviction, the landlord must provide written notice to the tenant.
  • 14-day Notice to Pay Rent or Vacate for unpaid rent
  • 10-day Notice to Comply or Vacate for lease violations
  • 20-day Notice to Terminate Tenancy for ending a month-to-month agreement (with restrictions)

Each notice must include specific language required by Washington law. In Tacoma, landlords should also check for additional local ordinances that may affect the notice process.

After the landlord provides the proper notice, the process continues.

• File an unlawful detainer lawsuit: If the tenant fails to comply with the notice, the landlord may file an unlawful detainer action in Pierce County Superior Court.
• Attend a court hearing: Both parties can present evidence and arguments. Common defenses include improper notice, retaliation, or failure to maintain the property. Learn more about eviction defenses in Washington.
• Writ of restitution and physical eviction: If the court rules in favor of the landlord, it will issue a writ of restitution.
• Post-eviction steps: The landlord may pursue unpaid rent or damages through a separate action.

Because Tacoma’s eviction process involves state and local rules, landlords should consult a qualified eviction attorney to ensure compliance and avoid costly legal missteps.

What Are the Tenant’s Rights in the Eviction Process?

Tenants in Tacoma and throughout Washington State have important legal rights during the eviction process. Understanding these rights can help protect against unlawful evictions and ensure fair treatment.

First, tenants have the right to proper written notice. A landlord must serve a legally valid notice. Tenants also have the right to respond to an eviction lawsuit and present defenses such as improper notice, discrimination, or unsafe living conditions.

During this process, tenants have the right to remain in their homes unless and until the court issues a formal eviction order and the sheriff enforces it. Landlords cannot forcibly remove tenants, change locks, or shut off utilities. These self-help measures are prohibited under Washington law. You may be wondering, will you be evicted in the event of a foreclosure?

Common Legal Issues in Tacoma Eviction Cases

Eviction cases in Tacoma often involve various legal issues that can complicate or delay the process for landlords and tenants. Understanding these common problems can help prevent missteps and ensure that a landlord carries out the eviction procedure legally and efficiently.

Common issues include improper notice, retaliatory eviction, habitability complaints, discrimination, and procedural errors. Legal representation can help mitigate these risks and ensure a smoother eviction process for all parties involved.

What Happens When the Landlord Violates Eviction Laws in Tacoma

When a landlord violates eviction laws in Tacoma, serious legal consequences can follow. Washington state law and Tacoma’s local ordinances require landlords to follow strict procedures when evicting a tenant. If landlords ignore or mishandle these laws, tenants may have substantial legal grounds to challenge the eviction.

Legal violations can result in dismissal of the eviction, monetary damages, or civil penalties. Tenants should contact a Tacoma eviction attorney immediately to protect their housing rights.

Benefits of Hiring a Tacoma Eviction Lawyer

Hiring a Tacoma eviction lawyer offers critical advantages for landlords and tenants. Washington’s landlord-tenant laws are highly specific, and Tacoma has unique local rules. An experienced attorney ensures you understand your rights and helps navigate the legal system efficiently and lawfully.

Contact a Tacoma Eviction Lawyer Today

If you are facing an eviction issue in Tacoma, whether you are a landlord handling legal procedures or a tenant defending your rights, the experienced attorneys at Dickson Frohlich Phillips Burgess are here to help. Schedule your consultation today. Our team understands Washington’s eviction laws and Tacoma’s local housing regulations inside and out. We provide strategic, results-driven representation to protect your interests and resolve disputes efficiently.