Wash. Supreme Court published opinion — 955751.pdf

Citation: Wash. Supreme Court published opinion — 955751.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/955751.pdf ↗

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favor of the tenant. Nous. Auth. of City of Seattle v. Silva, 94 Wn. App. 731, 734, 972

P.2d 952(1999).

The RLTA sets out the step-by-step procedure for evicting tenants as unlawful

detainers. A tenant cannot hold over in the premises after termination of the rental

agreement. RCW 59.18.290. To evict a holdover tenant, the landlord must serve the

eviction notice on the tenant. RCW 59.18.200(1 )(a).^ If the tenant has not complied

with the eviction, the landlord serves a summons and complaint. RCW 59.18.365.

The summons must be in a specific form and contain specific content required by

statute. Id. ("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

tenant's answer or notice of appearance may be in writing by the return date listed in

the summons, and if the tenant does not answer by that date, the landlord may move

for a default judgment. Id.

To evict the tenant, a landlord may apply for a writ of restitution at the same

time as commencing the action or at any time thereafter. RCW 59.18.370. To obtain

a writ, a landlord must apply for an order for a show cause hearing to be held 6 to 12

days after the order and serve that order on the tenant. Id. A show cause hearing is

a "summary proceeding[] to determine the issue of possession pending a lawsuit" and

3 RCW 59.18.200(1)(a) states.