time as commencing the action or at any time thereafter. RCW 59.18.370.
To obtain a writ of restitution, the “landlord must apply for an order for a show
cause hearing.” Randy Reynolds & Assocs., Inc. v. Harmon, 193 Wn.2d 143, 157, 437
P.3d 677 (2019); RCW 59.18.380. A show cause hearing is a “‘summary proceeding[] to
determine the issue of possession pending a lawsuit,’ and is not the final determination of
rights in an unlawful detainer action.” Reynolds, 193 Wn.2d at 157 (alteration in
original) (quoting Carlstrom v. Hanline, 98 Wn. App. 780, 788, 990 P.2d 986 (2000)).
At a show cause, the court will determine if the landlord is entitled to a writ of restitution
before trial on the complaint and answer. RCW 59.18.380. If, at the hearing on the
motion for a writ “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 . .
. , the court may enter an order and judgment.” Id. As a practical matter, if the issue is
payment of rent only, as here, and the tenant fails to show cause why the landlord is not
entitled to the writ, the court may issue the writ and enter judgment for the unpaid rent.
Indigent Tenant Right to Counsel
In 2021, the legislature enacted the indigent tenant right to counsel statute. LAWS
OF 2021, ch. 115, § 8 (codified in RCW 59.18.640). The right to counsel provision was
6
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Sangha v. Keen et al., No. 103332-0
passed, among other changes, to the RLTA in response to the COVID-19 pandemic. See
id. § 1. The legislature found that the pandemic caused “unprecedented” layoffs and