Proceeding with eviction following tenant's failure to respond to summons.
Full Question:
Answer:
Assuming that jurisdiction for the court has been properly achieved with service to tenant of the summons and complaint, a Washington landlord may proceed with the eviction process.
The tenant must answer the summons by the deadline specified, which must be at least 7 days from the date of service. The answer date give to the tenant will control.
If there is no response to the summons and complaint relief may be obtained from the court by default without notice to the tenant. In Washington a defendant, including a tenant, does not have to do a lot to appear. Even a fax or phone call is treated as an appearance. If the tenant responds in even a small way, the action will proceed.
If the tenant makes an appearance, even an informal one, a hearing is required. The tenant must be given at least 7 days notice of the hearing. The tenant must show cause at this hearing as to why you are not entitled to possession and a judgment for rent immediately, i.e. without the need for a trial. (Unless service was by alternative means, in which case you are only entitled to possession but not a judgment.)
The landlord or property manager must attend the hearing.
The show cause hearing may be set at the time the summons and complaint are served or any time afterwards. If the hearing was not set when the summons and complaint were served and the tenant responds to the summons, a show cause hearing must be set to continue the eviction process. Because of this tenant right to “automatically” delay the eviction process we recommend serving the show cause order with the summons and complaint.
After the writ of restitution is obtained, whether by default or at the show cause hearing, the sheriff will serve it. The tenant will have three business days to vacate, not including the day of service.
If the tenant does not appear to be vacating the premises in this time-frame, you must contact the sheriff’s civil department and arrange a physical eviction.
