59.18.365(3) equates a response with a notice of appearance. Further, subsection (3)
explains that if the tenant responds, they “will be notified” of a hearing in “an ‘Order to
Show Cause.’” Id. (emphasis added).
The statutory evolution of RCW 59.18.365(3) supports the tenant’s reading of the
statute. The most significant amendment to subsection (3) occurred in 2019, when
lawmakers rewrote the summons form as part of sweeping changes to the RLTA to
address homelessness. LAWS OF 2019, ch. 356, §§ 1, 9. The 2019 amendment adding
bolded section headings provided more information on accessing free or low-cost legal
help, clarified how a tenant may respond, and modified the language on eviction court
dates. Id. The version of the statute in force, enacted in 2008, stated that a tenant could
“respond to the complaint in writing by delivering a copy of a notice of appearance or
answer.” LAWS OF 2008, ch. 75, § 1. And, the 2008 statute provided that a plaintiff “may
also be instructed in a separate order to appear for a court hearing.” Id. (emphasis
10
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Sangha v. Keen et al., No. 103332-0
added). “If [the plaintiff] receive[d] an order to show cause [they] must personally
appear at the hearing.” Id.
Lawmakers changed this language in 2019. The 2019 amendment clarified what
constitutes a response, stating that the tenant may “respond with a ‘notice of
appearance.’” LAWS OF 2019, ch. 356, § 9. The equivocal statement that a tenant may
receive a hearing became mandatory. Provided a tenant responds to the summons, they
“will be notified” of a hearing in a show cause order. Id. 2 RCW 59.18.365, as amended
in 2019, was in force during the unlawful detainer action here.