I. Introduction to Unlawful Detainer Notices As a general rule, prior to commencing an unlawful detainer (eviction) action, a landlord must serve the tenant, or occupant in unlawful possession of the leased premises, with a statutorily required notice. RCW 59.12.030.…
Read Moref. Judgment If the judge or jury finds for the plaintiff-landlord, then a judgment may be entered for restitution of the premises, damages (including double damages in commercial cases), forfeiture of the lease or tenancy, and for the amount of…
Read Moree. Pre-hearing Writ of Restitution In commercial cases, RCW 59.12.090, on its face, permits the plaintiff to apply to the court for a writ of restitution any time after commencement of the action after posting a bond – i.e., without…
Read Mored. Common Tenant Defenses Generally, the defendant may submit a written answer to the court by the date set forth in the summons, or may appear at the show cause hearing to present their defense orally. The tenant may defend…
Read MoreIf the tenant properly has been served notice and the period allotted for cure (if any) set forth by statute or the lease has expired without compliance, then the tenant is in unlawful detainer. At this point, the landlord may…
Read MoreFor otherwise savvy planners practicing outside the community property states – Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin, and since 1998, Alaska, under a nonmandatory “elective” regime [1] – community property is often the largest “blind spot”…
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