tenants, and the court rule implementing that right, it is useful to first review the statutory
eviction process.
Unlawful Detainer
Unlawful detainer actions are governed by chapters 59.12 and 59.18 RCW.
Procedures set out in the generalized unlawful detainer statutes, chapter 59.12 RCW,
apply to the extent they are not supplanted by those in the Residential Landlord-Tenant
Act of 1973 (RLTA), chapter 59.18 RCW. Hous. Auth. v. Pleasant, 126 Wn. App. 382,
390, 109 P.3d 422 (2005). Both chapters are in derogation of the common law and are
strictly construed in the tenant’s favor. Hous. Auth. v. Terry, 114 Wn.2d 558, 563, 789
P.2d 745 (1990).
To evict a holdover tenant, a landlord must serve an eviction notice. If the tenant
has not complied with the notice, the landlord may commence an unlawful detainer
action by serving to the tenant the statutory summons and complaint. Christensen v.
Ellsworth, 162 Wn.2d 365, 371, 173 P.3d 228 (2007). The summons must contain
certain information set out in RCW 59.18.365.
The tenant’s answer or notice of appearance must be in writing by the return date
listed in the summons. RCW 59.18.365. “An appearance is a party’s formal entry into a
lawsuit. . . . By appearing, a defendant becomes entitled to notice of all subsequent
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Sangha v. Keen et al., No. 103332-0
proceedings.” 14 DOUGLAS J. ENDE, WASHINGTON PRACTICE: CIVIL PROCEDURE § 9:1,
at 314 (3d ed. 2018). A defendant may appear simply by serving a written notice of
appearance, without immediately serving an answer. Id. § 9:2, at 315; see RCW
4.28.210. To evict the tenant, a landlord may apply for a writ of restitution at the same