Service of notice/tenants

AN ACT Relating to service of notice by mail in cases involving 1
forcible entry and forcible and unlawful detainer; and amending RCW 2
59.12.040. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 59.12.040 and 2021 c 115 s 14 are each amended to 5
read as follows: 6
Any notice provided for in this chapter shall be served either 7
(1) by delivering a copy personally to the person entitled thereto; 8
or (2) if he or she be absent from the premises unlawfully held, by 9
leaving there a copy, with some person of suitable age and 10
discretion, and sending a copy ((through the mail addressed to )) by 11
certified mail, posted from within Washington state, to the last 12
known address of the person entitled thereto ((at his or her place of 13
residence)); or (3) if the person to be notified be a tenant, or an 14
unlawful holder of premises, and his or her place of residence is not 15
known, or if a person of suitable age and discretion there cannot be 16
found then by affixing a copy of the notice in a conspicuous place on 17
the premises unlawfully held, and also delivering a copy to a person 18
there residing, if such a person can be found, and also sending a 19
copy through the mail addressed to the tenant, or unlawful occupant, 20
at the place where the premises unlawfully held are situated. Service 21
H-0107.1
HOUSE BILL 1003
State of Washington 69th Legislature 2025 Regular Session
By Representatives Abbarno, Barkis, Jacobsen, Connors, Peterson, and
Hill
Prefiled 12/02/24. Read first time 01/13/25. Referred to Committee
on Housing.
p. 1 HB 1003
upon a subtenant may be made in the same manner: PROVIDED, That in 1
cases where the tenant or unlawful occupant, shall be conducting a 2
hotel, inn, lodging house, boarding house, or shall be renting rooms 3
while still retaining control of the premises as a whole, that the 4
guests, lodgers, boarders, or persons renting such rooms shall not be 5
considered as subtenants within the meaning of this chapter, but all 6
such persons may be served by affixing a copy of the notice to be 7
served in two conspicuous places upon the premises unlawfully held; 8
and such persons shall not be necessary parties defendant in an 9
action to recover possession of said premises. Service of any notice 10
provided for in this chapter may be had upon a corporation by 11
delivering a copy thereof to any officer, agent, or person having 12
charge of the business of such corporation, at the premises 13
unlawfully held, and in case no such officer, agent, or person can be 14
found upon such premises, then service may be had by affixing a copy 15
of such notice in a conspicuous place upon said premises and by 16
sending a copy through the mail addressed to such corporation at the 17
place where said premises are situated. Proof of any service under 18
this section may be made by the affidavit of the person making the 19
same in like manner and with like effect as the proof of service of 20
summons in civil actions. When a copy of notice is sent through the 21
mail, as provided in this section, service shall be deemed complete 22
when such copy is deposited in the United States mail ((in the county 23
in which the property is situated properly addressed with )) postage 24
prepaid, by certified mail, posted from within Washington state, 25
directed to the last known address of the person entitled thereto : 26
PROVIDED, HOWEVER, That when service is made by mail ((one additional 27
day)) five additional days shall be allowed before the commencement 28
of an action based upon such notice. A termination notice served 29
pursuant to this section shall specify in the notice the date by 30
which the person to whom the notice is sent must vacate or, if 31
applicable, comply.32
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p. 2 HB 1003