Most home sales go smoothly enough. Some do not. What if the seller refuses to move out? A new law protects buyers of residential properties when a seller refuses to move out after closing. Previously the buyer would have to go through a slower process called an ejectment action. Now the buyer can get the seller out through the expedited unlawful detainer process, which is what most people mean when they think of an eviction case. Certain conditions must be met before the buyer may bring the unlawful detainer action, rather than the slower ejectment process. The conditions are: 1) […]
Washington Eviction Process
8 posts
Sometimes tenants fail to respond to an eviction summons, or fail to appear for a hearing only to later appear in court and ask the court to give them another hearing date and to stay the eviction in the meantime. Landlords and their attorneys often get little or no notice of the stay until it is granted. A Court of Appeals decision had required tenants to give the landlord notice that they were seeking a stay, and required the tenant to post a bond. No longer. The state Supreme Court last week ruled that tenants are not required to give […]
Some tenants avoid service of the initial eviction lawsuit pleadings. The initial pleadings are a summons and a complaint. The summons and complaint must be served by a disinterested non-party (not the landlord) and must be placed into the hands of a resident of the rental property. If the tenant avoids service—a common problem—once the process server makes several attempts at personal service the landlord can file a motion in court to allow service of the summons and complaint by posting and mailing. Service of the summons and complaint is only legally valid if there is a court order. (This […]
Any LLC or corporation appearing as a party in a lawsuit must be represented by an attorney. A non-lawyer cannot represent a professional services corporation, even if he or she is the corporation’s sole director, officer, and shareholder. This rule applies in eviction cases (a.k.a. unlawful detainer actions), and applies whether the property is commercial or residential. The Washington Court of Appeals applied this rule a couple of years ago.[1] A dentist and his commercial landlord were in a long-standing dispute over common area maintenance charges. The commercial landlord served a notice to pay rent or vacate then brought an […]
A tenant and her landlords disputed certain conditions in the property. The landlords believed the tenant was allowing damage to the property by improperly leaving windows open. When the tenant requested certain repairs, the landlords while in the property making the unrelated repairs nailed a window shut and disabled another window so that it could only be opened a few inches. Eventually, the landlords brought an eviction against the tenant. The tenant made counterclaims. The tenant moved out while the eviction was pending. The trial court moved the case to the Mandatory Arbitration calendar. The landlords’ attorney withdrew, […]
After several unsuccessful attempts to personally serve a tenant with a summons and complaint, the landlord got a court order allowing service. The landlord then had a process server post and mail the summons and complaint along with a notice requiring the tenant to either pay rent into the court registry or serve a sworn statement that no rent is owing. The tenant served the landlord attorney’s office with a response to the eviction complaint, but did not deny rent was owed and did not pay rent into the court registry. The landlord moved for a writ of restitution. The […]
Corporations and LLCs when appearing in court must be represented by an attorney. “Washington law…requires individuals appearing before the court on behalf of another party to be licensed in the practice of law.” [1] Accordingly, “corporations appearing in court proceedings must be represented by an attorney.”[2] This is true even of single-member corporations and LLCs.[3] Likewise, someone without a law license cannot represent another person in court. There is no exception for a power of attorney, or for paralegals.[4] A person can represent themselves in court, but we do not recommend it. We frequently take calls from people whose […]
A Seattle landlord who represented himself in an eviction case had his case dismissed and the tenant was awarded $6,450 in attorney fees. The landlord used an old summons form missing important clauses and that had a defective return date.