How to Evict a Squatter in Washington State: Declaration or Court

To evict a squatter in Washington state, you either file a signed trespass declaration with local law enforcement or bring a court action for unlawful detainer or ejectment and have the sheriff execute a writ of restitution. Which route is legal depends on whether the person ever had permission to be there. Changing locks, cutting utilities, or hauling out belongings on your own is illegal in every version of this situation, even when you are unquestionably the owner.1Washington State Legislature. Washington Revised Code 59.18.290 – Removal or Exclusion of Tenant From Premises

First, Identify Who Is Actually on the Property

Washington treats occupants differently based on their legal relationship to the property, and picking the wrong procedure will stall you.

  • A squatter or trespasser entered and stayed without your permission and without any rental agreement, written or oral. This person can be removed through the trespass declaration process.
  • A tenant-at-will is anyone you gave permission to stay, even informally and even without a lease. Letting a friend crash at your rental for a few weeks can create a tenancy. Removal requires a formal court eviction.
  • A holdover tenant is a former renter whose lease expired or was terminated but who has not left. Removal also requires the standard eviction process.

The line matters because the trespass declaration specifically requires you to swear the occupant is not, and has not been, a tenant within the last twelve months.2Washington State Legislature. Washington Revised Code 9A.52.105 – Removal of Unauthorized Persons Sign that declaration about someone who did have tenant status and you are looking at criminal exposure for false swearing.

Use the Trespass Declaration When the Person Was Never a Tenant

For a true squatter, Washington offers a streamlined route under RCW 9A.52.105 and 9A.52.115 that does not require a lawsuit. You complete a standardized Request to Remove Trespasser(s) form, sign it under penalty of perjury, and deliver it to your local police or sheriff’s department.

What the Declaration Must Confirm

The form requires you to attest to several facts:3Washington State Legislature. Washington Revised Code 9A.52.115 – Removal of Unauthorized Persons Declaration Form

  • You own the property or are the owner’s authorized agent.
  • The occupant entered and remained without your permission.
  • The occupant is not a current or former tenant and has not been on title as a homeowner within the last twelve months.
  • You demanded that the occupant leave and they refused.
  • The property was not abandoned or open to the public when the occupant entered.
  • You understand the occupant can sue you for actual damages, costs, and attorney’s fees if any statement is false.

What Happens After You File

A peace officer receiving a valid declaration has authority to remove the occupant and order them to stay off the property, with arrest for criminal trespass if they return.2Washington State Legislature. Washington Revised Code 9A.52.105 – Removal of Unauthorized Persons But the officer does not simply take your word. The occupant gets a reasonable chance to show evidence they are a tenant, legal occupant, or guest of one. A rent receipt, a text message granting permission, or similar proof has to be considered. If there is any real dispute about a landlord-tenant relationship, law enforcement will usually decline to act and tell you to go to court.

What a False Declaration Costs

Filing a knowingly false trespass declaration is a gross misdemeanor. Charges can be brought for false swearing under RCW 9A.72.040 or for making a false statement to a public servant under RCW 9A.76.175.3Washington State Legislature. Washington Revised Code 9A.52.115 – Removal of Unauthorized Persons Declaration Form On top of that, the removed person can sue you civilly for actual damages, costs, and attorney’s fees. If you have any doubt about whether the occupant might have had permission from a prior owner or property manager, resolve it before signing.

Go to Court When the Declaration Route Is Not Available

If law enforcement will not act, or if the occupant is or was a tenant, you need a lawsuit. Which one depends on the occupant’s status.

Unlawful Detainer for Tenants and Holdovers

Washington’s unlawful detainer statutes cover people who had a tenancy and are holding over without the right to do so.4Washington State Legislature. Washington Revised Code 59.12.030 – Unlawful Detainer Defined If your squatter was ever a tenant, even under an oral agreement, this is the correct action. The process begins with a written notice appropriate to the situation, such as a three-day notice for unpaid rent or a notice for lease violations. Residential notices follow RCW 59.18 and vary by reason.

If the occupant does not leave after the notice period, file a Summons and Complaint for Unlawful Detainer in Superior Court.5Washington State Legislature. Washington Revised Code 59.18.365 – Unlawful Detainer Action, Summons Form The filing fee for an unlawful detainer under the Residential Landlord-Tenant Act is $45, well below the $200 for other civil actions.6Washington State Legislature. Washington Revised Code 36.18.020 – Clerks Fees, Surcharges These cases are built to move quickly, and the court sets an expedited hearing.

Ejectment for Non-Tenants

When the occupant was never a tenant and the declaration route did not resolve things, an ejectment action under RCW Chapter 7.28 is the right court remedy. Ejectment is broader than unlawful detainer: the judge can decide ownership and possession, award damages, and consider counterclaims. The trade-off is time and cost. The filing fee is $200, and the case follows normal civil litigation timing rather than the expedited unlawful detainer schedule.6Washington State Legislature. Washington Revised Code 36.18.020 – Clerks Fees, Surcharges

Some Washington courts and attorneys will use unlawful detainer even for squatters, and the line is not always sharp. But if the occupant challenges the case and argues they were never a tenant, an unlawful detainer action can be dismissed. Ejectment avoids that risk when there was clearly never a rental relationship.

Execute the Writ of Restitution to Actually Remove the Occupant

Winning the case does not, by itself, get anyone off the property. The court issues a Writ of Restitution, which is the order authorizing the county sheriff to physically remove the occupant.

Take the signed writ to your county sheriff’s office and pay the service fee, which varies by county. A deputy serves a copy on the occupant and posts a notice at the property. Under the Residential Landlord-Tenant Act, the sheriff must wait at least three days after service before executing the writ.7Washington State Legislature. Washington Revised Code 59.18.390 – Forcible Entry or Detainer or Unlawful Detainer Actions Writs issued under RCW 59.18 are valid for ten days; writs under the general forcible entry and detainer statute (RCW 59.12) are valid for twenty.8Spokane County, WA. Eviction / Writ of Restitution If the occupant has not left by the deadline, deputies return to remove them.

One thing that trips owners up at this stage: accepting a partial payment after the writ issues can complicate enforcement. If you take any money, put it in writing that the payment does not stop the eviction and get a copy to the sheriff. Otherwise the occupant can argue you created a new tenancy.

Do Not Try to Remove the Person Yourself

Changing the locks, shutting off water or electricity, removing belongings, or physically confronting the occupant are all illegal in Washington, even when you clearly own the property and the person clearly has no right to be there. The law requires a court order before any removal.1Washington State Legislature. Washington Revised Code 59.18.290 – Removal or Exclusion of Tenant From Premises

The occupant can sue and recover actual damages plus attorney’s fees. Shutting off utilities carries an additional penalty of up to $100 per day without service. A wrongful eviction claim under RCW 59.18.650 entitles the occupant to the greater of actual damages or three times the monthly rent, plus attorney’s fees and court costs.9Washington State Legislature. Washington Revised Code 59.18.650 – Eviction of Tenant, Refusal to Continue Tenancy An unauthorized occupant who can establish any colorable claim to tenancy can potentially recover money from you if you skip the legal process.

Deal With Belongings Left Behind the Right Way

After the removal you will often find personal property on-site. You cannot dump it that day. Washington law requires you to store the items and send the former occupant written notice, by first-class mail to their last known address, that includes your name, address, the storage location, and the disposal date.10Washington State Legislature. Washington Revised Code 59.18.310 – Default in Rent, Abandonment, Liability of Tenant

The waiting period depends on value:

  • If the items total $250 or less, you can sell or dispose of them seven days after mailing or delivering the notice. Personal papers, family photos, and keepsakes must be preserved even under this shorter timeline.
  • If the items total more than $250, you must wait forty-five days after the notice.

If the former occupant contacts you in writing before the deadline, you must return their property once they reimburse your actual or reasonable storage and moving costs, whichever is less. Sale proceeds can be applied to storage costs and any debt the occupant owes; leftover money must be held for the former occupant for one year, after which it becomes yours.10Washington State Legislature. Washington Revised Code 59.18.310 – Default in Rent, Abandonment, Liability of Tenant

Keep records: photos of every item, a copy of the notice, receipts for storage. If the former occupant later claims you destroyed valuable property, that documentation is your defense.

Secure the Property Immediately After the Sheriff Leaves

The day the writ is executed, have a locksmith ready. Rekey every exterior door lock, garage door opener, mailbox lock, and gate lock. If the property has an alarm system or electronic keypad, change those codes as well. Removed occupants sometimes return within hours if the property is still accessible.

For a property that will stay vacant, add security cameras, motion-activated lights, and regular check-ins. A place that looks unoccupied invites the next unauthorized entrant, and adverse possession clocks only run against owners who leave the situation alone. Under Washington’s general statute of limitations for recovering real property, an owner has ten years to bring an action.11Washington State Legislature. Washington Revised Code 4.16.020 – Actions to Be Commenced Within Ten Years A random squatter who breaks into a vacant house has almost no realistic chance of claiming ownership, but the longer any occupation goes unchallenged, the stronger a future claim gets.

If the Occupant May Be on Active Military Duty

Federal law adds protection when the occupant is a service member. Under the Servicemembers Civil Relief Act, before a court enters a default judgment in any civil case, including an eviction, the plaintiff must file an affidavit stating whether the defendant is in military service.12Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress A false affidavit carries criminal penalties.

If the occupant is on active duty and their ability to pay rent has been materially affected by military service, the court must grant a stay of at least 90 days on the eviction. The SCRA rent ceiling is adjusted annually for housing-price inflation and covers virtually all residential rentals in Washington.13Federal Register. Notice of Publication of Housing Price Inflation Adjustment Assume it applies if there is any indication of a military connection.