Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)

Citation: Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)
Parent Document: Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)
Jurisdiction: Washington (state)
Effective Date: 2001-01-08
Original Source: https://www.courtlistener.com/opinion/4930926/duvall-highlands-llc-v-elwell/ ↗

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Unlawful detainer actions instituted by a mobile home landlord are governed by the general unlawful detainer statute, chapter 59.12 RCW, as modified by the Residential Landlord-Tenant Act of 1973, chapter 59.18 RCW.7 RCW 59.18.375 provides a summary method for a landlord to evict a tenant who fails to pay rent. Under that section, within seven days after service of a filed unlawful detainer summons, the nonpaying tenant must pay the “amount alleged due in the complaint” into the court registry and continue to pay that amount each month while the action is pending.8 If the tenant fails to meet this requirement, a writ of restitution is issued immediately: “Failure of the [tenant] 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 [landlord] .”9 In order to take advantage of RCW 59.18.375’s provisions, a landlord must include specific language in the unlawful detainer summons, which Hwang did.

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