Wash. Rev. Code § 59.12 § 59.12.035
Holding over on agricultural land, effect of.
Operative Text
In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than sixty days after the expiration of his or her term without any demand or notice to quit by his or her landlord or the successor in estate of his or her landlord, if any there be, he or she shall be deemed to be holding by permission of his or her landlord or the successor in estate of his or her landlord, if any there be, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during said year, and such holding over for the period aforesaid shall be taken and construed as a consent on the part of a tenant to hold for another year.
Under Washington's unlawful detainer statutes, specifically Wash. Rev. Code § 59.12.035, a special rule applies to agricultural land tenancies. If a tenant on agricultural land remains in possession for more than sixty days after the lease term ends, and the landlord (or the landlord's successor) has not issued any demand or notice to quit during that period, the law treats the continued occupancy as having the landlord's implied permission. The result is that the tenant is considered to have automatically renewed the tenancy for another full year under the original lease terms, and cannot be found guilty of unlawful detainer during that renewal year.
Plain English — not legal advice.
Landlords and property managers overseeing agricultural land in Washington should be aware that under Wash. Rev. Code § 59.12.035, silence after a lease expires carries significant legal consequences. A compliant operator who does not wish to renew an agricultural tenancy generally issues a formal demand or notice to quit before the sixty-day post-expiration window closes, preserving the right to pursue an unlawful detainer action if needed. Operators who own or have inherited agricultural properties should also confirm that any successor-in-interest is equally aware of this notice obligation, since the statute binds successors in estate as well.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants farming or occupying agricultural land in Washington may benefit from the protections established in Wash. Rev. Code § 59.12.035. If a landlord allows more than sixty days to pass after the lease term ends without issuing any demand or notice to quit, the tenant acquires a legal right to remain for another full year under the original lease terms and cannot be removed through an unlawful detainer proceeding during that year. Tenants who believe this provision applies to their situation may wish to consult a tenant-rights organization or legal aid service familiar with Washington agricultural tenancy law to understand how this rule might bear on their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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