Legal Question in Landlord & Tenant Law in Washington

Rented Pasture Land

20 acres of land that I own has been rented to an elderly man for several years. He grazes about 10 head of cattle (sometimes more, sometimes less) on it and uses my barn for hay storage.

He pays $50 a month and always pays his rent on time. This is an oral agreement put into place by my father, who passed away a couple of years ago.

I have recently asked this man to get rid of the cattle and end tenancy in 60 days. I didn�t serve him with anything in writing. I was trying to be civil. My mistake.

This man now claims that I don�t have any right to end his tenancy because he hasn�t done anything against the agreement. He claims that because he pays his rent on time and doesn�t ruin the land, I can�t make him leave. And even if I tried, I have to prove that intend to use the land for something else and give him 180 days written notice because they are livestock.

I think the land is terribly damaged by the cows.

But I don�t intend on changing the lands use, just getting rid of him and his herd.

Is any of this true? Do I have to give him 180 days? What do I need to serve him with to make him and his cows go away as soon as possible?


Asked on 2/22/04, 12:39 am

2 Answers from Attorneys

Matthew King Wershow & Ritter, Inc. P.S.

Re: Rented Pasture Land

Unless the original agreement was for a year-to-year tenancy, you likely need only provide 30 days notice. However, in order to force him off the land you will likely need a court order. I recommend you contact an attorney to review the full facts of the agreement. Feel free to contact me if you have further questions.

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Answered on 2/23/04, 5:23 pm
Bruce Busch Bruce R. Busch, Attorney at Law

Re: Rented Pasture Land

Hmmmm, this is a somewhat unusual question. I know of no livestock-specific rental statute. However, I do not practice in that area of law so you should doublecheck on this with an attorney (I could look it up but not for free). I will say that absent some statute I am not aware of - and again, such a statute could exist regarding livestock - you would need to give this guy a written Notice of Termination of Tenancy. The Notice would be delivered at least 30 days prior to the end date of the tenancy (I assume he rents at the first of each month). If he is not off the land at that time you would file an unlawful detainer against him in Superior Court.

Hope this gives you a start anyway.

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Answered on 2/22/04, 4:17 pm


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