How to Evict a Roommate Not on the Lease in Washington

If you’re renting in Washington and have a roommate who is not on the lease, removing them from your shared home can be complex. Washington’s rental laws protect all occupants, which means you must follow a legal process—even if your roommate isn’t named on the lease. This article guides you through the required steps, explains key forms, and connects you with official state resources.

Understanding Roommate Rights When Not on the Lease

A roommate who is not listed on your rental agreement is typically considered an "unauthorized occupant" or a "tenant at will." However, once someone has established residency (such as receiving mail or staying for several weeks), you can’t just change the locks or remove their belongings—you must use the proper legal channels under Washington law.

Relevant State Law

• The main law governing evictions and tenancies in Washington is the Residential Landlord-Tenant Act (RCW 59.18).

Legal Steps to Remove a Roommate in Washington

Evicting a roommate not on the lease isn’t just a personal matter—it’s a legal one. Only the property owner (landlord) has the authority to formally evict someone. However, you may still need to serve a proper written notice and, in some cases, file an unlawful detainer action.

• Communicate with your landlord as soon as possible. The landlord must usually initiate the eviction process, but you may assist with documentation.
• If the roommate is not paying rent, refusing to leave, or causing problems, the landlord can serve a formal notice to vacate.
• If your roommate refuses to leave after notice, the landlord must file an eviction (unlawful detainer) lawsuit in court.
• You cannot force your roommate out with threats, lockout, or removing belongings. This is considered an illegal “self-help” eviction under state law.

Required Notices and Forms in Washington

When a roommate has no written lease with the landlord, the following forms are typically used by the landlord (or by you in cooperation with the landlord):

• Notice to Terminate Tenancy (20-Day Notice): Used to end a month-to-month tenancy. Serves as formal written notice for non-lease occupants.
  View sample 20-Day Notice to Terminate
  Example: Your landlord completes and serves this notice to your roommate, giving them 20 days to vacate.
• Summons & Complaint for Unlawful Detainer (Eviction): Required if your roommate doesn’t leave after notice, this begins the court eviction process.
  Official King County Eviction Forms
  Example: Your landlord files a Summons and Complaint in Superior Court if your roommate ignores the 20-day notice.
• Order for Writ of Restitution: If granted, this allows the sheriff to physically remove a roommate who remains after the eviction judgment.
  Download Order for Writ of Restitution Form (WA Courts)

Washington’s Tribunal for Eviction Cases

• Washington State Superior Court handles eviction (unlawful detainer) cases statewide.

Actions Steps for Removing a Roommate Not on the Lease

• Contact your landlord and explain the situation with your non-lease roommate.
• Work with your landlord to have them serve a formal 20-day notice to your roommate.
• If your roommate remains after 20 days, encourage your landlord to file an eviction case in Superior Court using the appropriate forms.
• Gather evidence of the roommate’s occupancy, communications, and any agreements you have.

These steps ensure all parties follow Washington’s legal process, protecting your rights and reducing future disputes.

FAQ: Evicting a Roommate Not on the Lease in Washington

1. Can I evict my roommate if they are not on the lease?
   No. Only your landlord can start formal eviction proceedings, but you can request your landlord to act and assist with documentation.
2. What if my roommate refuses to leave after receiving a 20-day notice?
   Your landlord must file an unlawful detainer lawsuit in court to proceed with eviction.
3. Is it legal to change the locks to force my roommate out?
   No. Lockouts or cutting off utilities to remove a roommate is illegal and may expose you to liability.
4. Can I serve eviction notices myself as a tenant?
   No, the landlord must serve formal notices and file court documents in most cases.
5. How long does the roommate eviction process take?
   Timelines vary, but from notice to court order, the process can take several weeks or more, depending on court schedules.

Need Help? Resources for Renters in Washington

• Washington State Attorney General – Landlord-Tenant Resources
• Washington Law Help – Eviction & Tenant Rights
• Washington State Housing Finance Commission – Tenant Assistance
• Washington Courts – Superior Court Directory
• Office of Civil Legal Aid – Right to Counsel for Tenants

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1. [1] Residential Landlord-Tenant Act (RCW 59.18)
2. [2] Washington State Courts – Eviction Case Information
3. [3] Sample 20-Day Notice to Terminate
4. [4] King County Superior Court – Eviction Forms
5. [5] Washington Courts – Writ of Restitution Form

Key Takeaways:

• Evicting a roommate not on the lease requires working with your landlord and using official legal forms.
• A 20-day notice is the standard first step; court action may be necessary if the person does not leave.
• Never attempt a self-help eviction, as this can lead to legal consequences in Washington.

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