default judgments are available in unlawful detainer actions, but only if the unrepresented
tenant fails to respond by the date noted in the summons or fails to appear at a show
cause or other unlawful detainer proceeding. In other words, if a tenant timely responds
to a summons, a default order may not be entered unless the tenant fails to appear at a
subsequent hearing.
The tenant also relies on RCW 59.18.380. RCW 59.18.380 provides that at the
“hearing of plaintiff’s motion for a writ of restitution, the defendant . . . may answer,
orally or in writing.” The court must “examine the parties and witnesses orally to
ascertain the merits of the complaint and answer.” RCW 59.18.380 (emphasis added).
The tenant reasons that because .380 permits an oral or written answer at a show cause
hearing, the legislature did not intend to allow a default for failure to answer when
landlords did not seek a show cause hearing. RCW 59.18.365(3) aligns with .380. Both
provisions anticipate that a tenant who responds to a summons with a notice of
appearance will receive a show cause hearing where the tenant may then answer orally or
in writing. Also, if the tenant appears without counsel at the show cause hearing, the
12
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Sangha v. Keen et al., No. 103332-0
court must inform a tenant (if indigent) that they have a right to counsel and refer them
for eligibility screening. RCW 59.18.640; SPR 98.24W(1).
Here, the tenant submitted a written notice of appearance by the date listed in the
summons. Pursuant to RCW 59.18.365(3), the tenant timely responded and a default
order should not have been entered. Had the tenant appeared unrepresented at a hearing