To answer questions you might have about what to expect in connection with an unlawful detainer case, this page attempts to acquaint readers with the general manner of handling tenant evictions in Washington. Of course, each case is unique and handled in its own unique way, but, in general, all unlawful detainer cases will be treated in the same basic manner. Please feel free to contact us if you have any questions after reading this summary.

In general, before evicting a tenant, the landlord must serve at least one of the required written eviction notices. For instance, when a tenant is delinquent in rent, she must be served with a three-day notice to pay rent or quit the premises. A similar three-day notice is required when a tenant commits waste or maintains a nuisance while living on the premises.

Generally, a month-to-month tenancy may be terminated without giving a reason for the termination by giving notice of at least twenty days prior to the commencement of the next rental term (i.e. twenty days before the end of the month). Landlords may often find themselves in situations where a combination of three- and twenty-day notices are appropriate -- saying, in effect, "You must pay your rent in three days or get out, and, even if you do pay your rent, I want you out by the end of the month."

Washington rules for serving a residential tenancy termination or eviction notice are very specific and must be carefully and closely followed. The notice must be served either

• (1) by delivering a copy personally to the person entitled to the notice (the tenant); or
• (2) if she is absent from the premises, by giving a copy to a person of suitable age and discretion found there and by sending another copy through the US mail to the tenant; or
• (3) if the preceding methods cannot be accomplished, by posting a copy on the tenant's front door and by sending a copy to the tenant through the mail.

Under methods (2) and (3) (above), the tenant is given one additional day to comply with the notice; the notices, when mailed, must be mailed by first-class US mail from within the county of the rental premises.

If the tenant fails to move or to otherwise comply with the eviction notice, a lawsuit must be filed to remove the unwanted tenant. It is illegal for a landlord to lock a tenant out or to take the tenant's property because the tenant fails to comply with the eviction notice. Lawsuits are commenced by filing and serving a Summons and Complaint for Unlawful Detainer with the Superior Court for the county in which the premises is located. Currently, Superior Court filing fees are $110.00. Service-of-process costs range from $25 to $45.

The Summons tells the unwanted tenant that a lawsuit has been commenced to have her removed from the landlord's premises. She is allowed not less than six but not more than twelve days in which to formally respond to the lawsuit. The Summons also describes the nature of the legal action and the legal relief which the landlord seeks.

The Complaint, on the other hand, states the facts upon which the landlord seeks to recover (i.e. facts establishing that the tenant remains unlawfully on the premises and that the landlord lawfully complied with the eviction notice provisions in the Washington Revised Code (RCW)). If the unlawful detainer action is for the nonpayment of rent, the Complaint typically alleges the amount of the rent delinquency. Finally, the Complaint contains a list of the relief which is requested of the court. This generally includes a judicial termination of the rental agreement, an order to remove the tenant from the rental unit, judgment for delinquent rent and other money damages, and an award of attorney fees and court costs.

If the tenant (now a defendant) fails to respond within the not-less-than-six-or-more-than-twelve day period specified in the Summons, the court may issue the landlord a default judgment.

If the tenant wishes to avoid default judgment, she must, within seven days of receipt of the Summons and Complaint, and in addition to filing a formal Answer, pay any and all rental arrearages into the Superior Court registry or submit a sworn statement denying that rent is due. Failing to do this may result in the court ordering the tenant to be removed from the premises.

If the tenant contests the basis for eviction, she is entitled to a Superior Court hearing. To expedite this procedure, we typically request an immediate judicial order, addressed to the defendant, directing her to appear before the judge and show good cause, if any, as to why she should not be removed from the landlord's property. A hearing for this purpose will be scheduled on the Friday following the return date stated on the Summons. Our firm requires that the landlord accompany us to court. If the tenant fails to appear, relief in favor of the landlord will be summarily granted. If the tenant appears, we explain the landlord's case to a judge, and the tenant will be given the opportunity to respond to the landlord's allegations. Assuming we substantiate our client's case, the judge will grant relief to the landlord at the conclusion of the hearing.

Although the time required to complete the hearing is usually fairly brief, waiting for a case to be called on to the court's civil docket may take up to two hours. Landlords accompanying us should bring the rental unit's file (including the original rental agreement, account ledger, copies of notices given, and notes concerning landlord-tenant interactions). Landlords should be prepared to respond to general questions under oath concerning the tenancy.

If default relief is granted, or if the defendant loses at the show-cause hearing stage, the court will order the sheriff to physically evict the tenant and remove her property from the unit. Only the sheriff, not the landlord, can physically remove a tenant that does not comply with an eviction notice, and this can only be done once a Writ of Restitution has been issued by the court. The sheriff's involvement begins when copies of the Writ are delivered to her office. The sheriff will deliver a copy of the Writ to the tenant and inform her that she has a matter of days (usually three to five) before a sheriff's deputy returns to forcibly remove the tenant from the premises. The sheriff's charge for this service is approximately $35 plus a mileage rate. The usual total averages between $40 and $100.

When the move-out occurs, the sheriff will not actually carry the tenant's property out of the premises. The landlord must provide movers to put the tenant's personal property out on the driveway, on the sidewalk, or at some other suitable location. The deputy will merely keep the peace and prohibit the tenant from interfering with the move-out.

In rare instances, the tenant will file the appropriate paperwork with the proper time frame and will present a case sufficient to pass the show-cause hearing's evidentiary threshold. That is to say, she will have convinced the judge that there remains a legitimate material factual issue in dispute, the determination of which necessitates a trial. When the issue is joined in this manner, the action does not go on the court's normal trial calendar (where it may otherwise take up to a year to be heard), but takes precedence over all other civil actions. The RCW provides that, when the issue is joined, and it appears that the plaintiff will not be restored to possession of the premises prior to trial, the court shall set a trial date within 30 days of the show-cause hearing. The tenant is constitutionally entitled to a jury trial, but must formally file a jury demand.

If the plaintiff-landlord wins at the trial stage, the court will enter judgment for restitution of the rental premises, damages, and legal expenses.

In addition to the Superior Court filing fee ($110) and the process costs ($25 to $45), we may require an initial attorney fee retainer of $350.00 before we can commence eviction proceedings against a tenant. This "flat" fee covers all services required to remove the tenant, except in the unlikely event of a formal trial. Trial time and preparation for formal trials is billed out at an hourly rate of $150. Multiple evictions in the same billing period may receive a discount -- contact us for further information. When the court rules to evict the tenant, she will also be held liable for the attorney fees paid by the landlord to handle the eviction lawsuit.

Sometimes the tenant pays the amounts awarded to the landlord at the time relief is granted. In other cases, the tenant is unable or unwilling to voluntarily pay the judgment. In such an instance, collection efforts, including garnishment and execution against a judgment debtor's property must be instituted. This is a separate matter from the eviction process, and, consequently, a separate cost; however, in most cases, collection costs will be assessed and paid out of successful garnishment and execution funds, resulting in a net gain to the landlord.