Archive for February, 2007
The Tenant’s Right to Reinstate Tenancy After Alternative Service
February 3rd, 2007 | 
Author: 
In an eviction on an unexpired residential lease the tenant has the right to reinstate the tenancy by paying into the court registry the amount of the judgment within five days of entry of the judgment. Also, the court has discretion to reinstate the leasehold up to thirty days after entry of the judgment. The thirty day discretionary period is not limited residential leases.
If the tenant is served the summons and complaint by posting and mailing pursuant to a court order the landlord is not entitled to a money judgment. The statute is silent about the tenant’s right to reinstate in the absence of a money judgment.
Does the tenant have a right to reinstate? If so, what amount does the tenant pay into the court registry?
Perhaps the best answer is that by seeking affirmative relief the tenant is submitting to the jurisdiction of the court. If the tenant seeks to enforce the right to reinstate the tenancy the tenant could – within the five day period – seek a stay of the writ and either confess judgment or ask for a subsequent hearing to determine the appropriate judgment, with such relief or conditions as the court may deem just – such as paying some amount that the undisputed amount into the court registry prior to the hearing.
Scott Eller
Washington Landlord-Tenant Attorney
TM
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