Residential unlawful detainer filings (eviction cases) have seen record volume in Washington in recent years. Most residential unlawful detainer actions proceed no further than a statutory show cause hearing. But what is a show cause hearing? Is it a preliminary injunction hearing? A summary judgment hearing? A hybrid? What burden must the plaintiff meet to gain possession? To gain other relief? Is it the same burden? On appeal, is the standard of review de novo, or abuse of discretion? The answers to these questions were clarified by the recent Court of Appeals decision in Egbert v. Jorgensen. As Division Two […]
show cause hearing
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A Seattle residential eviction with a complicated procedural history was recently upheld on appeal.[1] The lease expired and the tenancy continued month-to-month. After a parking dispute between the tenants and a neighbor, the landlord served a notice terminating the tenancy indicating that a member of the landlord’s immediate family intended to reside in the rental property. The tenants did not vacate, forcing the landlord to bring an eviction action. In Seattle residential tenancies just cause is legally required to evict a tenant, even if the tenant is month-to-month. The landlord is required to state the just cause eviction grounds in […]