Evicting an Adult Son Who Pays Rent Without a Written Lease — Washington's Just-Cause Rules May Still Apply

Attorney Answer

Because you live in the home with your son, a 20-day written notice to vacate is itself a recognized just cause in Washington — under RCW § 59.18.650(2)(i), an owner who shares the dwelling unit, or access to a common kitchen or bathroom, with the tenant may end the tenancy by serving at least 20 days' advance written notice to vacate before the end of the rental period. You do not have to find some other reason.

Under Revised Code of Washington § 59.18.650, a landlord generally cannot evict a tenant or end a tenancy except for one of the specific causes the statute enumerates, and the written notice must identify the facts supporting that cause. Because your son pays rent regularly, he likely qualifies as a tenant under Washington's landlord-tenant law, meaning this just-cause requirement applies even without a written lease. The cause that fits your situation is the shared-housing ground in § 59.18.650(2)(i) — he lives in your home with you — and because he pays weekly, serve the notice at least 20 days before the end of a weekly rental period and set the vacate date for the end of that period. Do not build your notice on RCW § 59.18.200: the 20-day notice in that section is one the tenant gives the landlord to move out, not a termination tool a landlord can use. A landlord's notice period comes from the particular cause invoked under § 59.18.650(2) and runs anywhere from 3 to 90 days depending on the ground. Serving the wrong type of notice, or one without a valid stated cause, is the most common reason these cases get dismissed or delayed for months.

What you can do:

1. Confirm the shared-housing ground applies — you and your son live in the same dwelling — rather than searching for a different just cause you do not need.

2. Prepare and serve a written notice to vacate that gives at least 20 days before the end of a weekly rental period and states that it is given under RCW § 59.18.650(2)(i).

3. Get at least a brief consult with a local attorney, or use a Washington tenant-landlord legal aid clinic, before serving notice.

4. Keep records of rent payments and communications in case the matter proceeds to court.

⏱ Time limits apply. Washington's statewide just-cause eviction law likely applies to this arrangement, meaning an improper or premature notice can be dismissed by the court and significantly delay the eviction. An individual case review by a local attorney should be conducted promptly to confirm the correct notice type and timing for your situation.