Washington amended RCW 59.12.040 in 2026 so that service of an unlawful detainer notice by mail no longer has to be by Certified Mail. The amended statute requires service "through the mail," and it still treats service as complete only when the copy is deposited in the United States mail from within Washington state, properly addressed with postage prepaid. So the in-state deposit requirement survived the change, while the Certified Mail requirement did not.
What Changed, Exactly
House Bill 2664, enacted as Chapter 144, Laws of 2026, amended RCW 59.12.040 effective June 11, 2026. The session law strikes the prior language requiring a copy to be sent "by certified mail, posted from within Washington state, to the last known address of" the person entitled to notice, and replaces it with "through the mail." The same act also removes "by certified mail, posted from within Washington state, directed to the last known address" from the provision defining when service by mail is complete.
What remains is this: when a copy of the notice is sent through the mail, service is deemed complete when that copy is deposited in the United States mail from within Washington state, properly addressed with postage prepaid. And where service is made by mail, five additional days are allowed before an action based on the notice may begin.
| Element | Before HB 2664 | After HB 2664 (effective June 11, 2026) |
|---|---|---|
| Mailing method for service by mail | Certified Mail, posted from within Washington | "Through the mail" (Certified Mail no longer required) |
| Where the piece must be deposited | Within Washington state | Within Washington state (unchanged) |
| When service is complete | Deposit in the U.S. mail from within Washington, postage prepaid | Deposit in the U.S. mail from within Washington, postage prepaid (unchanged) |
| Additional time after mail service | Five additional days | Five additional days (unchanged) |
Why the In-State Deposit Still Matters
This is the part that survives every amendment and catches out-of-state senders. The statute does not merely require mailing. It requires deposit in the U.S. mail from within Washington state. A piece dropped in another state does not satisfy that language, regardless of where it was printed or where the sender’s office sits.
Practically, that means any mailing process supporting Washington notices has to answer a factual question: where is the piece physically entered into the mailstream? Ask your mailing provider to confirm the acceptance location for your mailings before you rely on it. We are a mailing service, not a law firm, and we cannot determine whether a specific mailing satisfies the statute for your case.
Which Chapter This Applies To
RCW 59.12.040 sits in chapter 59.12 RCW, which governs unlawful detainer actions. The Residential Landlord-Tenant Act is a separate chapter, 59.18 RCW. The 2026 amendment revised RCW 59.12.040 and did not rewrite chapter 59.18 RCW.
The two chapters do connect at the service stage. RCW 59.18.650 repeatedly requires certain notices to be served "in a manner consistent with RCW 59.12.040," so where an RLTA notice uses that cross-reference, the method it points to is the amended section. Because this is exactly the kind of detail that decides a case, have counsel confirm which statute governs your specific notice before you mail.
Certified Mail Is Still a Defensible Choice
Nothing in the amendment forbids using Certified Mail. It removes a requirement. If you want a mailing receipt, tracking, and a signature record for a notice, Certified Mail still produces them, and Return Receipt adds a copy of the signature. Many senders keep using it precisely because the documentation is useful if service is later challenged, even where the statute no longer compels it.
That is a risk-management decision, not a legal mandate, and it is worth stating plainly: the amended statute does not require Certified Mail, so choosing it is about the proof you want in your file. For digital signature evidence, add Electronic Return Receipt. For first-class copies mailed alongside, First-Class Mail travels with the same archive and affidavit records as Certified Mail.
Sending Washington Notices at Volume
Property managers and legal teams rarely send one notice. Excel/CSV bulk label tools accepts an Excel or CSV list and produces labels in a single pass, and API and SFTP automation connects your system for recurring notice cycles. Both produce USPS SCAN Forms so acceptance is documented across the batch. If you would rather not print, Print & Mail prints your PDF, inserts it, applies postage, and hands the mailing to USPS the same business day for orders by 5:00 PM Eastern, with a notarized affidavit of mailing.
Every mailing record, acceptance scan, tracking event, and signature record lands in the free Complimentary 10-Year Compliance Archive, searchable for ten years, which is longer than most notice disputes take to surface. Current postage and service fees are on the USPS postal rates page.
A Practical Checklist Before You Mail a Washington Notice
- Confirm with counsel which statute and subsection governs your notice.
- Confirm the required method, and whether Certified Mail is required, permitted, or irrelevant.
- Confirm where the piece will be deposited in the mail, and that it is within Washington state.
- Decide what proof you want, such as a mailing receipt, tracking, or a signature record.
- Match the recipient name and address exactly to what the notice should reach.
- Keep the receipt, tracking history, and a copy of the notice together.
Last reviewed: October 2026. This page is reviewed after every Washington legislative session and whenever RCW 59.12.040 is amended.
Document Washington Notices Without the Counter Trip
Use create and print live-postage Certified Mail labels online to print live-postage labels on a standard printer, with no monthly fees, contracts, equipment leases, or postage meter. Prefer to hand it off? Print & Mail prints your PDF, inserts it, applies postage, and gives it to USPS the same business day for orders placed by 5:00 PM Eastern, with a notarized affidavit of mailing. High-volume teams can use Excel/CSV bulk label tools or API and SFTP automation with USPS SCAN Forms. Add Electronic Return Receipt for a digital signature record, and keep proof of mailing, acceptance scans, tracking, and delivery records in the free Complimentary 10-Year Compliance Archive. Current postage and service fees are on the USPS postal rates page.
Frequently Asked Questions
Does Washington require Certified Mail for eviction notices?
Not since the 2026 amendment. House Bill 2664, Chapter 144, Laws of 2026, amended RCW 59.12.040 effective June 11, 2026 so that service of an unlawful detainer notice by mail is made "through the mail" rather than by Certified Mail. Certified Mail remains permissible if you want the documentation.
What did Washington change about service by mail?
The amendment removed the requirement to send a copy by Certified Mail posted from within Washington state and replaced it with mailing "through the mail." It kept the requirement that service by mail is complete only when the copy is deposited in the United States mail from within Washington state, properly addressed with postage prepaid.
Do Washington notices still need to be mailed from inside the state?
Yes. The amended statute still treats service by mail as complete only when the copy is deposited in the United States mail from within Washington state. That in-state deposit requirement was not changed by the 2026 amendment.
How many extra days do I get when serving by mail in Washington?
RCW 59.12.040 allows five additional days before an action based on the notice may begin when service is made by mail. Confirm the current text and how it applies to your notice with counsel, because the calculation affects filing deadlines.
Does the 2026 change affect the Residential Landlord-Tenant Act?
HB 2664 amended RCW 59.12.040, the unlawful detainer chapter, not chapter 59.18 RCW. Some notices under RCW 59.18.650 must be served in a manner consistent with RCW 59.12.040, so the amended method is what that cross-reference points to. Have counsel confirm which statute governs your notice.
Can I still use Certified Mail for a Washington notice?
Yes. The amendment removed a requirement, not a permission. Certified Mail still provides a mailing receipt, tracking, and a signature record, and Return Receipt adds a copy of that signature, which can be useful if service is later questioned.