How does the eviction proccess work?
Full Question:
Answer:
The following are Washington statutes:
RCW 59.18.290 Removal or exclusion of tenant from premises — Holding over
or excluding landlord from premises after termination date.
(1) It shall be unlawful for the landlord to remove or exclude from the
premises the tenant thereof except under a court order so authorizing. Any
tenant so removed or excluded in violation of this section may recover
possession of the property or terminate the rental agreement and, in either
case, may recover the actual damages sustained. The prevailing party may
recover the costs of suit or arbitration and reasonable attorney's fees.
(2) It shall be unlawful for the tenant to hold over in the premises or
exclude the landlord therefrom after the termination of the rental
agreement except under a valid court order so authorizing. Any landlord so
deprived of possession of premises in violation of this section may recover
possession of the property and damages sustained by him, and the prevailing
party may recover his costs of suit or arbitration and reasonable
attorney's fees.
RCW 59.18.365 Unlawful detainer action — Summons — Form.
(1) The summons must contain the names of the parties to the proceeding,
the attorney or attorneys if any, the court in which the same is brought,
the nature of the action, in concise terms, and the relief sought, and also
the return day; and must notify the defendant to appear and answer within
the time designated or that the relief sought will be taken against him or
her. The summons must contain a street address for service of the notice of
appearance or answer and, if available, a facsimile number for the
plaintiff or the plaintiff's attorney, if represented. The summons must be
served and returned in the same manner as a summons in other actions is
served and returned.
(2) A defendant may serve a copy of an answer or notice of appearance,
and if required by the summons, the sworn statement regarding nonpayment of
rent described in RCW 59.18.375, by any of the following methods:
(a) By delivering a copy of the answer or notice of appearance to the
person who signed the summons at the street address listed on the summons;
(b) By mailing a copy of the answer or notice of appearance addressed to
the person who signed the summons to the street address listed on the
summons;
(c) By facsimile to the facsimile number listed on the summons. Service
by facsimile is complete upon successful transmission to the facsimile
number listed upon the summons;
(d) As otherwise authorized by the superior court civil rules.
(3) The summons for unlawful detainer actions for tenancies covered by
this chapter shall be substantially in the following form. In unlawful
detainer actions based on nonpayment of rent, the summons may contain the
provisions authorized by RCW 59.18.375.
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR ______________ COUNTY
Plaintiff, }
}
}
vs. } NO.
} EVICTION SUMMONS
} (Residential)
Defendant. }
THIS IS NOTICE OF A LAWSUIT TO EVICT YOU.
PLEASE READ IT CAREFULLY. THE DEADLINE FOR YOUR WRITTEN
RESPONSE IS: 5:00 p.m., on ________________
TO: __________________ (Name)
__________________ (Address)
This is notice of a lawsuit to evict you from the property which you are
renting. Your landlord is asking the court to terminate your tenancy,
direct the sheriff to remove you and your belongings from the property,
enter a money judgment against you for unpaid rent and/or damages for your
use of the property, and for court costs and attorneys' fees.
If you want to defend yourself in this lawsuit, you must respond to the
eviction complaint in writing on or before the deadline stated above. You
must respond in writing even if no case number has been assigned by the
court yet.
You can respond to the complaint in writing by delivering a copy of a
notice of appearance or answer to your landlord's attorney (or your
landlord if there is no attorney) by personal delivery, mailing, or
facsimile to the address or facsimile number stated below TO BE RECEIVED NO
LATER THAN THE DEADLINE STATED ABOVE. Service by facsimile is complete upon
successful transmission to the facsimile number, if any, listed in the
summons.
The notice of appearance or answer must include the name of this case
(plaintiff(s) and defendant(s)), your name, the street address where
further legal papers may be sent, your telephone number (if any), and your
signature.
If there is a number on the upper right side of the eviction summons and
complaint, you must also file your original notice of appearance or answer
with the court clerk by the deadline for your written response.
You may demand that the plaintiff file this lawsuit with the court. If
you do so, the demand must be in writing and must be served upon the person
signing the summons. Within fourteen days after you serve the demand, the
plaintiff must file this lawsuit with the court, or the service on you of
this summons and complaint will be void.
If you wish to seek the advice of an attorney in this matter, you should
do so promptly so that your written response, if any, may be served on
time.
You may also be instructed in a separate order to appear for a court
hearing on your eviction. If you receive an order to show cause you must
personally appear at the hearing on the date indicated in the order to show
cause IN ADDITION to delivering and filing your notice of appearance or
answer by the deadline stated above.
IF YOU DO NOT RESPOND TO THE COMPLAINT IN WRITING BY THE DEADLINE
STATED ABOVE YOU WILL LOSE BY DEFAULT. YOUR LANDLORD MAY PROCEED WITH
THE LAWSUIT, EVEN IF YOU HAVE MOVED OUT OF THE PROPERTY.
The notice of appearance or answer must be delivered to:
_______________________
Name
_______________________
Street Address
_______________________
Telephone Number
_________________________
Facsimile Number (Required
if Available)
RCW 59.18.370 Forcible entry or detainer or unlawful detainer actions —
Writ of restitution — Application — Order — Hearing.
The plaintiff, at the time of commencing an action of forcible entry or
detainer or unlawful detainer, or at any time afterwards, upon filing the
complaint, may apply to the superior court in which the action is pending
for an order directing the defendant to appear and show cause, if any he or
she has, why a writ of restitution should not issue restoring to the
plaintiff possession of the property in the complaint described, and the
judge shall by order fix a time and place for a hearing of the motion,
which shall not be less than seven nor more than thirty days from the date
of service of the order upon defendant. A copy of the order, together with
a copy of the summons and complaint if not previously served upon the
defendant, shall be served upon the defendant. The order shall notify the
defendant that if he or she fails to appear and show cause at the time and
place specified by the order the court may order the sheriff to restore
possession of the property to the plaintiff and may grant such other relief
as may be prayed for in the complaint and provided by this chapter.
RCW 59.18.375 Forcible entry or detainer or unlawful detainer actions —
Payment of rent into court registry — Writ of restitution — Notice.
(1) The remedies provided by this section are in addition to other
remedies provided by this chapter.
(2) In an action of forcible entry, detainer, or unlawful detainer,
commenced under this chapter which is based upon nonpayment of rent as
provided in RCW 59.12.030(3), the defendant shall pay into the court
registry the amount alleged due in the complaint and continue to pay into
the court registry the monthly rent as it becomes due under the terms of
the rental agreement while the action is pending. If the defendant submits
to the court a written statement signed and sworn under penalty of perjury
denying that the rent alleged due in the complaint is owing based upon a
legal or equitable defense or set-off arising out of the tenancy, such
payment shall not be required.
(3) A defendant must comply with subsection (2) of this section within
seven days after completed service of a filed summons and complaint or, in
the case of service of an unfiled summons and complaint, seven days after
delivering written notice to the defendant, in the manner provided in RCW
59.12.040, advising the defendant of the date of filing, the cause number
for the action, and the date by which the defendant must comply with this
section to avoid the immediate issuance of a writ of restitution. Failure
of the defendant to comply with this section shall be grounds for the
immediate issuance of a writ of restitution without bond directing the
sheriff to deliver possession of the premises to the plaintiff. Issuance of
a writ of restitution under this section shall not affect the defendant's
right to a hearing to contest the amount of rent alleged to be due.
(4) The defendant shall send written notice that the rent has been paid
into the court registry or send a copy of the sworn statement referred to
in subsection (2) of this section to the person whose name is signed on the
unlawful detainer summons. A defendant may serve the written notice or a
copy of the sworn statement by any of the methods described in RCW
59.18.365.
(5) Before applying to the court for a writ of restitution under this
section, the plaintiff must check with the clerk of the court to determine
if the defendant has complied with subsection (2) of this section.
(6) If the plaintiff intends to use the procedures in this section, the
summons must contain notice to the defendant of the payment requirements of
this section and be substantially in the following form:
NOTICE
This unlawful detainer action is based upon nonpayment of rent in an
amount alleged to be $_________. The plaintiff is entitled to an order
from the court directing the sheriff to evict you without a hearing
unless you pay into the court registry the amount of delinquent rent
alleged to be due in the complaint and continue paying into the court
registry the monthly rent as it becomes due while this lawsuit is
pending. If you deny that you owe the rent claimed to be due and you do
not want to be evicted immediately without a hearing, you must file with
the clerk of the court a written statement signed and sworn under penalty
of perjury setting forth why you do not owe the amount claimed in the
complaint to be due. The sworn statement must be filed IN ADDITION TO
your written answer to the complaint.
Payment or the sworn statement must be submitted to the clerk of the
superior court within seven days after you have been served with this
summons or, if the summons has not yet been filed, within seven days after
service of written notice that the lawsuit has been filed.
You must also deliver written notice that the rent has been paid into the
court registry or send a copy of your sworn statement to the person whose
signature appears below by personal delivery, mail, or facsimile.
This complaint:
( ) is filed with the superior court;
( ) is not filed. The plaintiff must notify you in writing when it is
filed.
IMPORTANT
If you intend to contest this action, you must also file a written answer
as indicated above on this summons.
RCW 59.18.380 Forcible entry or detainer or unlawful detainer actions —
Writ of restitution — Answer — Order — Stay — Bond.
At the time and place fixed for the hearing of plaintiff's motion for a
writ of restitution, the defendant, or any person in possession or claiming
possession of the property, may answer, orally or in writing, and assert
any legal or equitable defense or set-off arising out of the tenancy. If
the answer is oral the substance thereof shall be endorsed on the complaint
by the court. The court shall examine the parties and witnesses orally to
ascertain the merits of the complaint and answer, and if it shall appear
that the plaintiff has the right to be restored to possession of the
property, the court shall enter an order directing the issuance of a writ
of restitution, returnable ten days after its date, restoring to the
plaintiff possession of the property and if it shall appear to the court
that there is no substantial issue of material fact of the right of the
plaintiff to be granted other relief as prayed for in the complaint and
provided for in this chapter, the court may enter an order and judgment
granting so much of such relief as may be sustained by the proof, and the
court may grant such other relief as may be prayed for in the plaintiff's
complaint and provided for in this chapter, then the court shall enter an
order denying any relief sought by the plaintiff for which the court has
determined that the plaintiff has no right as a matter of law: PROVIDED,
That within three days after the service of the writ of restitution the
defendant, or person in possession of the property, may, in any action for
the recovery of possession of the property for failure to pay rent, stay
the execution of the writ pending final judgment by paying into court or to
the plaintiff, as the court directs, all rent found to be due and all the
costs of the action, and in addition by paying, on a monthly basis pending
final judgment, an amount equal to the monthly rent called for by the lease
or rental agreement at the time the complaint was filed: PROVIDED FURTHER,
That before any writ shall issue prior to final judgment the plaintiff
shall execute to the defendant and file in the court a bond in such sum as
the court may order, with sufficient surety to be approved by the clerk,
conditioned that the plaintiff will prosecute his action without delay, and
will pay all costs that may be adjudged to the defendant, and all damages
which he may sustain by reason of the writ of restitution having been
issued, should the same be wrongfully sued out. The court shall also enter
an order directing the parties to proceed to trial on the complaint and
answer in the usual manner.
If it appears to the court that the plaintiff should not be restored to
possession of the property, the court shall deny plaintiff's motion for a
writ of restitution and enter an order directing the parties to proceed to
trial within thirty days on the complaint and answer. If it appears to the
court that there is a substantial issue of material fact as to whether or
not the plaintiff is entitled to other relief as is prayed for in
plaintiff's complaint and provided for in this chapter, or that there is a
genuine issue of a material fact pertaining to a legal or equitable defense
or set-off raised in the defendant's answer, the court shall grant or deny
so much of plaintiff's other relief sought and so much of defendant's
defenses or set-off claimed, as may be proper.
RCW 59.18.390 Forcible entry or detainer or unlawful detainer actions —
Writ of restitution — Service — Defendant's bond.
(1) The sheriff shall, upon receiving the writ of restitution, forthwith
serve a copy thereof upon the defendant, his or her agent, or attorney, or
a person in possession of the premises, and shall not execute the same for
three days thereafter, and the defendant, or person in possession of the
premises within three days after the service of the writ of restitution may
execute to the plaintiff a bond to be filed with and approved by the clerk
of the court in such sum as may be fixed by the judge, with sufficient
surety to be approved by the clerk of the court, conditioned that they will
pay to the plaintiff such sum as the plaintiff may recover for the use and
occupation of the premises, or any rent found due, together with all
damages the plaintiff may sustain by reason of the defendant occupying or
keeping possession of the premises, together with all damages which the
court theretofore has awarded to the plaintiff as provided in this chapter,
and also all the costs of the action. The plaintiff, his or her agent or
attorneys, shall have notice of the time and place where the court or judge
thereof shall fix the amount of the defendant's bond, and shall have notice
and a reasonable opportunity to examine into the qualification and
sufficiency of the sureties upon the bond before the bond shall be approved
by the clerk. After the issuance of a writ of restitution, acceptance of a
payment by the landlord or plaintiff that only partially satisfies the
judgment will not invalidate the writ unless pursuant to a written
agreement executed by both parties. The eviction will not be postponed or
stopped unless a copy of that written agreement is provided to the sheriff.
It is the responsibility of the tenant or defendant to ensure a copy of the
agreement is provided to the sheriff. Upon receipt of the agreement the
sheriff will cease action unless ordered to do otherwise by the court. The
writ of restitution and the notice that accompanies the writ of restitution
required under RCW 59.18.312 shall conspicuously state in bold face type,
all capitals, not less than twelve points information about partial
payments as set forth in subsection (2) of this section. If the writ of
restitution has been based upon a finding by the court that the tenant,
subtenant, sublessee, or a person residing at the rental premises has
engaged in drug-related activity or has allowed any other person to engage
in drug-related activity at those premises with his or her knowledge or
approval, neither the tenant, the defendant, nor a person in possession of
the premises shall be entitled to post a bond in order to retain possession
of the premises. The writ may be served by the sheriff, in the event he or
she shall be unable to find the defendant, an agent or attorney, or a
person in possession of the premises, by affixing a copy of the writ in a
conspicuous place upon the premises: PROVIDED, That the sheriff shall not
require any bond for the service or execution of the writ. The sheriff
shall be immune from all civil liability for serving and enforcing writs of
restitution unless the sheriff is grossly negligent in carrying out his or
her duty.
(2) The notice accompanying a writ of restitution required under RCW
59.18.312 shall be substantially similar to the following:
IMPORTANT NOTICE — PARTIAL PAYMENTS
YOUR LANDLORD'S ACCEPTANCE OF A PARTIAL PAYMENT FROM YOU AFTER SERVICE OF
THIS WRIT OF RESTITUTION WILL NOT AUTOMATICALLY POSTPONE OR STOP YOUR
EVICTION. IF YOU HAVE A WRITTEN AGREEMENT WITH YOUR LANDLORD THAT THE
EVICTION WILL BE POSTPONED OR STOPPED, IT IS YOUR RESPONSIBILITY TO PROVIDE
A COPY OF THE AGREEMENT TO THE SHERIFF. THE SHERIFF WILL NOT CEASE ACTION
UNLESS YOU PROVIDE A COPY OF THE AGREEMENT. AT THE DIRECTION OF THE COURT
THE SHERIFF MAY TAKE FURTHER ACTION.
RCW 59.18.400 Forcible entry or detainer or unlawful detainer actions —
Writ of restitution — Answer of defendant.
On or before the day fixed for his appearance the defendant may appear
and answer. The defendant in his answer may assert any legal or equitable
defense or set-off arising out of the tenancy. If the complaint alleges
that the tenancy should be terminated because the defendant tenant,
subtenant, sublessee, or resident engaged in drug-related activity, or
allowed any other person to engage in drug-related activity at the rental
premises with his or her knowledge or consent, no set-off shall be allowed
as a defense to the complaint.
RCW 59.18.410 Forcible entry or detainer or unlawful detainer actions —
Writ of restitution — Judgment — Execution.
If upon the trial the verdict of the jury or, if the case be tried
without a jury, the finding of the court be in favor of the plaintiff and
against the defendant, judgment shall be entered for the restitution of the
premises; and if the proceeding be for unlawful detainer after neglect or
failure to perform any condition or covenant of a lease or agreement under
which the property is held, or after default in the payment of rent, the
judgment shall also declare the forfeiture of the lease, agreement or
tenancy. The jury, or the court, if the proceedings be tried without a
jury, shall also assess the damages arising out of the tenancy occasioned
to the plaintiff by any forcible entry, or by any forcible or unlawful
detainer, alleged in the complaint and proved on the trial, and, if the
alleged unlawful detainer be after default in the payment of rent, find the
amount of any rent due, and the judgment shall be rendered against the
defendant guilty of the forcible entry, forcible detainer or unlawful
detainer for the amount of damages thus assessed and for the rent, if any,
found due, and the court may award statutory costs and reasonable
attorney's fees. When the proceeding is for an unlawful detainer after
default in the payment of rent, and the lease or agreement under which the
rent is payable has not by its terms expired, execution upon the judgment
shall not be issued until the expiration of five days after the entry of
the judgment, within which time the tenant or any subtenant, or any
mortgagee of the term, or other party interested in the continuance of the
tenancy, may pay into court for the landlord the amount of the judgment and
costs, and thereupon the judgment shall be satisfied and the tenant
restored to his tenancy; but if payment, as herein provided, be not made
within five days the judgment may be enforced for its full amount and for
the possession of the premises. In all other cases the judgment may be
enforced immediately. If writ of restitution shall have been executed prior
to judgment no further writ or execution for the premises shall be
required.