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 is a different rule than for service of a 3-day, 10-day, or 20-day notice, which does not require a court order for posting and mailing.)
The statute in question only specifically allows service of the summons and complaint by posting and mailing.[1] The statute makes no mention of service of other legal documents by posting and mailing along with the summons and complaint, such as a show cause order that sets a hearing date. Nevertheless, courts commonly allow ancillary legal documents to be served by posting and mailing if the court allows service of the summons and complaint by posting and mailing.
A recent Court of Appeals case confirmed trial courts may order that ancillary legal documents may be served by posting and mailing under applicable landlord-tenant statutes.[2]
Separate provisions of the Residential Landlord-Tenant Act permit service of various legal documents along with the summons and complaint.[3] The Court reasoned that if the summons and complaint may be served by posting and mailing, then documents that may be served simultaneously with the summons and complaint may also be served by posting and mailing under the same court order allowing such service.
Although the recent appellate opinion is unpublished and therefore cannot be cited as legal authority, the argument is sound and courts commonly follow this statutory interpretation.
There are many procedural nuances in an eviction lawsuit. Consult an attorney before acting.
[1] See RCW 59.18.055.
[2] Snowdon Assoc. LLC v. Stephanie Druxman, unpublished (No. 71338-8-I Jan. 20, 2015).
[3] RCW 59.18.375; RCW 59.18.370.
