Documents filed in Santa Monica, Calif., on Tuesday claim that Washington and his wife have fallen behind on their $20,000 a month payments on a home in the Venice area of Los Angeles.
The complaint filed by Sandalwood Properties states the Washingtons have not paid rent since November.
A phone message left with Washington's agent was not immediately returned.
The 45-year-old actor lost his role on "Grey's Anatomy" in 2007 after using an anti-gay slur at the Golden Globe Awards. He has since appeared in a handful of episodes in other TV series.
The filing was first reported by RadarOnline.com.
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