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HB 1003 — Service of Notice by Mail

 

[Source]

 

AN ACT Relating to service of notice by mail in cases involving forcible entry and forcible and unlawful detainer; and amending RCW 59.12.040.
 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
 
Sec. 1. RCW 59.12.040 and 2021 c 115 s 14 are each amended to read as follows:
 
Any notice provided for in this chapter shall be served either (1) by delivering a copy personally to the person entitled thereto; or (2) if he or she be absent from the premises unlawfully held, b leaving there a copy, with some person of suitable age and discretion, and sending a copy by certified mail, posted from within Washington state, to the last known address of the person entitled thereto; or (3) if the person to be notified be a tenant, or an unlawful holder of premises, and his or her place of residence is not known, or if a person of suitable age and discretion there cannot be found then by affixing a copy of the notice in a conspicuous place on the premises unlawfully held, and also delivering a copy to a person there residing, if such a person can be found, and also sending a copy through the mail addressed to the tenant, or unlawful occupant, at the place where the premises unlawfully held are situated. Service upon a subtenant may be made in the same manner: PROVIDED, That in cases where the tenant or unlawful occupant, shall be conducting a hotel, inn, lodging house, boarding house, or shall be renting rooms while still retaining control of the premises as a whole, that the guests, lodgers, boarders, or persons renting such rooms shall not be considered as subtenants within the meaning of this chapter, but all such persons may be served by affixing a copy of the notice to be served in two conspicuous places upon the premises unlawfully held; and such persons shall not be necessary parties defendant in an action to recover possession of said premises. Service of any notice provided for in this chapter may be had upon a corporation by delivering a copy thereof to any officer, agent, or person having charge of the business of such corporation, at the premises unlawfully held, and in case no such officer, agent, or person can be found upon such premises, then service may be had by affixing a copy of such notice in a conspicuous place upon said premises and by sending a copy through the mail addressed to such corporation at the place where said premises are situated. Proof of any service under this section may be made by the affidavit of the person making the same in like manner and with like effect as the proof of service of summons in civil actions. When a copy of notice is sent through the mail, as provided in this section, service shall be deemed complete when such copy is deposited in the United States mail postage prepaid, by certified mail, posted from within Washington state, directed to the last known address of the person entitled thereto: PROVIDED, HOWEVER, That when service is made by mail five additional days shall be allowed before the commencement of an action based upon such notice. A termination notice served pursuant to this section shall specify in the notice the date by which the person to whom the notice is sent must vacate or, if applicable, comply.
 
Passed by the House February 6, 2025.
Passed by the Senate April 3, 2025.
Approved by the Governor April 11, 2025.
Filed in Office of Secretary of State April 14, 2025.