To evict a family member with no lease in Washington, you have to treat them as a tenant and follow the state’s formal eviction process: serve a written 20-day notice ending the month-to-month tenancy, and if they don’t leave by the termination date, file an unlawful detainer lawsuit in Superior Court. Changing the locks or cutting off utilities is illegal, even in your own home, and can cost you far more than the eviction itself.
Your Family Member Is a Tenant Under Washington Law
Anyone living in your home with your permission is a tenant, regardless of whether a lease exists or rent is being paid. With no written agreement and no fixed rent schedule, the arrangement defaults to a month-to-month periodic tenancy. That gives your family member the same core protections as any other renter in Washington: the right to proper written notice before being asked to leave, and the right to contest an eviction in court.
This catches homeowners off guard. The instinct is that it’s your house and your rules, but Washington’s landlord-tenant statutes don’t distinguish between a paying stranger and a cousin who’s been sleeping in the spare room for six months. Once someone has established residency with your consent, the only legal path to removing them runs through notice and court.
The 20-Day Notice When You Share the Home
Washington usually requires a specific “just cause” reason to end a residential tenancy. An important exception applies when you share the dwelling with the person you want out. If you and your family member share the same unit, or share access to a common kitchen or bathroom, you can end the tenancy without giving any reason at all. You just have to provide at least 20 days’ written notice before the end of the rental period.1Washington State Legislature. Washington Code 59.18.650 – Eviction of Tenant, Refusal to Continue Tenancy, End of Periodic Tenancy
This shared-dwelling exception is what makes evicting a live-in family member more direct than a standard landlord-tenant eviction. If your family member lives in a separate unit on your property, like a detached guest house with its own kitchen and bath, the exception likely doesn’t apply, and you would need one of the statutory just cause reasons and a longer notice period.
Writing and Serving the Notice Correctly
The notice must be in writing and served at least 20 days before the end of the current monthly rental period. Because the tenancy is month-to-month, the rental period usually ends on the last day of the calendar month. A notice served on July 10 satisfies the 20-day requirement for a July 31 termination date. Serve it too late in the month and the termination date slides to the end of the following month.2Washington State Legislature. Washington Code 59.12.030 – Unlawful Detainer Defined
Include four things in the notice itself:
- Your family member’s full legal name
- The complete property address
- A specific termination date, at least 20 days out and falling on the last day of a rental period
- The date you delivered the notice
How you deliver the notice matters as much as what it says. Washington accepts three methods of service:
- Personal delivery, handing the notice directly to your family member
- Substitute service, leaving a copy with a suitable person at the home and mailing another copy to the tenant
- Post and mail, if nobody is available: posting the notice conspicuously on the property and mailing a copy
Mailing alone is not valid service. If you get the delivery method wrong, a court can dismiss the whole eviction later. The safest approach is personal delivery with a witness, or hiring a process server who will provide proof.
Filing the Unlawful Detainer Lawsuit
If your family member stays past the termination date, you file an unlawful detainer action in Superior Court. That is the formal proceeding where a judge decides whether to order them out.2Washington State Legislature. Washington Code 59.12.030 – Unlawful Detainer Defined
You’ll need two documents to open the case. The summons notifies your family member of the lawsuit and gives them a deadline to respond; Washington prescribes a specific form for residential eviction summonses that includes information about the tenant’s right to legal representation.3Washington State Legislature. Washington Code 59.18.365 – Unlawful Detainer Action, Summons, Form The complaint for unlawful detainer explains why you’re seeking eviction: that you properly terminated the tenancy with a 20-day notice and your family member refused to leave. Attach a copy of the notice you served.4Washington State Courts. Outline to Forms in Unlawful Detainer Cases
File both with the Superior Court clerk in the county where the property sits. The statutory filing fee for a residential unlawful detainer is $45.5Washington State Legislature. Washington Code 36.18.020 – Clerk’s Fees, Surcharges That fee doesn’t cover an order to show cause or other post-filing motions, which trigger supplemental fees that vary by county but commonly run around $112, bringing total court costs to roughly $135 to $250.
After filing, someone other than you must formally deliver the summons and complaint to your family member. That means a professional process server or any adult not involved in the case. If personal service fails after at least three attempts over two or more days at different times, Washington allows alternative service: posting the documents on the property and mailing copies by both regular and certified mail at least nine days before the court return date.6Washington State Legislature. Washington Code 59.18.055 – Notice, Alternative Procedure, Court’s Jurisdiction
The Hearing and Sheriff Removal
Once served, your family member has until the deadline printed on the summons to file a written response. If they ignore it, you can ask the court for a default judgment. If they respond, the court schedules a show cause hearing where both sides present their positions. The judge looks at whether you followed the proper notice procedures and whether your family member has a valid legal defense, such as improper service or an argument that the shared-dwelling exception doesn’t actually apply.
If the judge rules in your favor, the court issues a writ of restitution directing the county sheriff to remove the occupant. The sheriff serves a copy of the writ on your family member and must then wait at least three days before executing the removal.7Washington State Legislature. Washington Code 59.18.390 – Forcible Entry or Detainer or Unlawful Detainer, Writ of Restitution During those three days, your family member can leave voluntarily. If they don’t, the sheriff physically removes them and restores possession to you.
Timeline and Costs
From serving the 20-day notice through sheriff execution of the writ, the process typically takes six to ten weeks when everything goes smoothly. Contested cases stretch considerably longer.
Budget for several layers of expense. Court filing fees start at $45 and climb to roughly $135 to $250 once supplemental fees are added.5Washington State Legislature. Washington Code 36.18.020 – Clerk’s Fees, Surcharges Process servers typically charge $50 to $150 per service attempt. The sheriff’s fee for executing the writ varies by county, generally $40 to $145. An attorney runs $250 to $500 per hour, or a flat fee of roughly $1,500 to $5,000 depending on whether the case is contested. Low-income tenants in Washington may qualify for free legal representation through the state’s eviction defense program, so don’t assume your family member will be unrepresented.
The court forms are designed for self-represented parties, but notice and service errors are the most common reason evictions get thrown out. One misstep with timing or delivery method means starting over.
Do Not Try a Self-Help Eviction
Washington law makes it illegal to remove a tenant without a court order, regardless of the circumstances. The tactics that land property owners in legal trouble:
- Changing the locks while the occupant is out
- Shutting off water, electricity, or gas
- Removing or hiding the occupant’s belongings
- Physically forcing them out or threatening to do so
All of these are prohibited under Washington’s landlord-tenant statutes.8Washington State Legislature. Washington Code 59.18.290 – Removal or Exclusion of Tenant From Premises If you intentionally shut off utilities to pressure someone into leaving, they can take you to court and recover up to $100 for every day the utilities stayed off, plus their actual damages, court costs, and attorney’s fees.9Washington State Legislature. Washington Code 59.18.300 – Utilities A shortcut here typically extends the timeline and gives your family member a counterclaim they otherwise wouldn’t have had.
If Your Family Member Is on Active Military Duty
Federal law adds a layer of protection when the occupant is a servicemember. Under the Servicemembers Civil Relief Act, you must file an affidavit with the court stating whether the defendant is in the military before any default judgment can be entered. If you can’t determine their military status, the affidavit must say so explicitly.10Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments When the occupant is on active duty, the court can stay the proceedings for at least 90 days if military service materially affects their ability to appear. Even when you know your family member isn’t in the military, file the affidavit anyway. Courts enforce it as a procedural requirement in every default judgment, and skipping it can void the judgment entirely.