Eviction of a commercial tenant in Washington state is governed by the Unlawful Detainer statute (RCW 59.12), originally enacted in 1891, which provides a faster, less tenant-protective process than the Residential Landlord-Tenant Act (RLTA). The "just cause" eviction requirements of RCW 59.18.650 do not apply to commercial tenancies.

1. Grounds for Commercial Eviction

A commercial landlord can generally evict a tenant for:

• Non-payment of rent after the lease's grace period (if any) has expired.
• Breach of any material covenant in the lease (e.g., violating the Permitted Use clause, failing to maintain required insurance, conducting unauthorized alterations).
• Holdover tenancy — the tenant remains in possession after the lease has expired without the landlord's written consent.
• Waste or nuisance — the tenant is actively damaging the property or conducting activities that constitute a public nuisance.

2. Notice Requirements

Non-Payment of Rent

Under RCW 59.12.030(3), if a commercial tenant has defaulted on rent for 3 days, the landlord can serve a notice demanding payment or vacating the premises. The notice must be in writing and served in accordance with RCW 59.12.040.

• However, the vast majority of commercial leases in Washington dictate their own, often more specific, notice procedures. The lease may specify a 3-day, 5-day, or 10-day Notice to Pay or Quit.
• Unlike the residential 14-Day Pay or Vacate notice, there is no statutory prohibition against including late fees and default interest in the commercial demand.

Lease Violations

For non-monetary lease violations, the landlord can serve a 10-Day Notice to Comply or Vacate under RCW 59.12.030(4) (or the shorter cure period specified in the lease) for breaches of any condition or covenant of the lease.

Holdover Tenancy

If the lease has a specified expiration date, the tenancy terminates automatically without notice under RCW 59.12.030(1). If the tenant continues in possession without the landlord's consent, they are in unlawful detainer and the landlord may immediately file suit. For month-to-month commercial tenancies, a 20-day notice must be served prior to the end of the month or period (RCW 59.12.030(2)). Note that RCW 59.04.020 separately requires 30 days' notice to terminate an indefinite tenancy; practitioners typically provide 30 days to ensure compliance with both statutes.

Waste, Nuisance, or Unlawful Activity

Under RCW 59.12.030(5), a landlord may serve a 3-Day Notice to Quit if the tenant is committing waste, permitting a nuisance, or conducting an unlawful business. This notice does not require an opportunity to cure.

3. Filing the Unlawful Detainer

If the tenant does not comply with the notice, the landlord's attorney files an Unlawful Detainer action in the Superior Court of the county where the property is located.

• A Summons and Complaint are served on the tenant.
• The summons must be returnable between 7 and 30 days after service (RCW 59.12.070).
• If the landlord prevails, the court issues a Writ of Restitution (RCW 59.12.090). For commercial cases, the landlord must post a sheriff's indemnity bond (typically $5,000 or more) before the sheriff will execute the writ and physically remove the tenant.

4. Self-Help Remedies: Prohibited Measures

Unlike residential evictions, where self-help is strictly illegal under the RLTA, Washington courts also strictly prohibit self-help in the commercial context.

• Washington follows the "exclusive remedy" rule, meaning landlords must use the Unlawful Detainer process (RCW 59.12) to regain possession.
• Self-help measures, such as changing locks or utility shutoffs, are illegal even if authorized by a "Peaceable Re-entry" clause in the lease (Olin v. Goehler, 39 Wn. App. 688).
• If a landlord bypasses the court, they face significant liability for business interruption and wrongful eviction damages.

5. Abandoned Property

A significant advantage for commercial landlords: unlike the RLTA, which requires landlords to inventory and store a residential tenant's abandoned property for a statutory period, commercial landlords are generally not governed by the storage requirements of RCW 59.18.310. Disposal of property is generally governed by the terms of the commercial lease agreement or common law bailment principles if the lease is silent.

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How Landager Helps

Managing Washington commercial properties requires strict adherence to RCW 59.12. Landager helps you track critical lease expiration dates, automate the delivery of 3-day pay-or-quit notices, and maintain detailed records of maintenance and common area maintenance (CAM) charges. From tracking tenant insurance compliance to navigating the Superior Court's unlawful detainer process, Landager ensures your commercial portfolio remains compliant and legally robust.