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Cascade Counsel | WA Landlord-Teant Law Firm Cascade Counsel | WA Landlord-Teant Law Firm
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Alternatives to Eviction

Effective Alternatives
to Eviction

Explore practical solutions to resolve tenant issues without resorting to eviction. Protect your property while  maintaining positive relationships.

Alternatives to Eviction: Cost-Effective Solutions for Landlords

Eviction can be costly and time-consuming, particularly for small, residential landlords. If facing a challenging tenant situation, consider alternative methods to save time, money, and stress. At Cascade Counsel, we offer legal solutions to manage your rental property effectively. Note that different rules and exclusions may apply to other rental types. 

UNDERSTANDING THE EVICTION PROCESS

Evictions, including unlawful detainer (used for tenancies) and forcible detainer (used for trespassing), are legal processes for removing people from property. In Washington state, landlords must comply with just cause eviction laws, adding complexity to the process. At a high level, the eviction process requires: 

  • 1. Demonstration one or more just cause is applicable.
  • 2. Notice has been properly served.
  • 3.The tenant failed to comply with the eviction notice(s).
  • 4. Filing with the correct court to start the correct legal action.
  • 5. Serving court papers on the tenant, observing process service requirements.
  • 6. Winning in court and receiving a court order.
  • 7. Arranging with law enforcement for enforcing the eviction.
  • 8. Executing on the eviction with law enforcement.

This often lengthy and burdensome process makes evictions undesirable for many landlords, especially given tenant protection laws and local renter protections. For these reasons, legal alternatives can often be quicker and more cost-effective. 

master insurance policy

Preventing Tenancy: Clear Guest or Licensee Status

One effective alternative to pursuing eviction is to prevent people from becoming tenants in the first place. Clearly defining guest or licensee status in rental agreements helps landlords control who occupies the property without granting tenant status. This approach can be particularly useful for additional occupants of a rental unit, or long-term house guests in a personal home. 

The "Cash for Keys" Approach

Another often less expensive and quicker alternative to eviction is a “cash for keys“ arrangement. This method involves paying the tenant an agreed amount of money to leave the property voluntarily and return the keys. 

Despite the counterintuitive upfront cost, cash for keys can save landlords money by avoiding legal fees and a potentially lengthy loss of rental income during a protracted eviction process. It is also worth noting, particularly in cases of nonpayment eviction, even if a landlord is awarded a money judgement for lost rent, damages, and/or costs, tenants who were unable to pay rent will usually be unable to pay, making collection impractical. 

Speed

The property can be re-rented sooner.

Amicable Resolution

While still unpleasant, the parties are more likely to reach agreement without contentious court proceedings.

Avoiding Legal Complications

The odds of unexpected legal setbacks are significantly reduced.

SETTING EMOTIONS ASIDE CAN LEAD TO BETTER OUTCOMES:

Feeling frustrated at the idea of paying a tenant to leave when they are already in the wrong is completely natural. However, the benefits of resolving the situation quickly and without the hassle of a drawn-out legal process should not be written off without due consideration. This approach can often be the least painful and most cost-effective solution. To avoid setting a precedent for other tenants, consider including nondisclosure terms in the agreement and handling the process discreetly. 

Temporary Removal: Using a Restraining Order

In certain situations, a restraining order can temporarily remove a tenant from the property. This option is particularly relevant if the tenant lives at the same property as the landlord or if they share the same rental unit as roommates or boarders. Obtaining a restraining order requires specific legal grounds and should be handled with legal assistance to ensure it is appropriate and effective. 

disclaimer

Disclaimer

This article is provided for informational, educational, and marketing purposes only and does not constitute legal advice. The content is current as of its publication or last review and may not reflect the latest legal developments. Do not rely solely on this information—consult a qualified attorney regarding your specific situation.

Explore Your Alternatives With Cascade Counsel

Cascade Counsel is here to help you explore all your options, including preventing tenancy by stipulating guest or licensee status, negotiating a cash for keys agreement, or seeking temporary removal through a restraining order. We provide comprehensive support to ensure your legal strategies are effective and aligned with your goals as a landlord. Whether you have an immediate need for assistance with a particular tenant or you are seeking to proactively set yourself up for success, we can assist with just about any legal matter you may face as a property owner. 

Contact Cascade Counsel to learn more about which legal options are best for you and your rental property.

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No attorney-client relationship is created by visiting this website, reading its content, any public comments, or any related service interactions. This website contains general information only, not legal advice. Don't rely on it for legal decisions. Any information you send us won't be confidential or privileged unless we've agreed in writing to represent you. No business is being solicited in any jurisdiction where the Firm is not licensed to practice law.

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