An unlawful detainer is the legal process a landlord must use to evict a tenant. In Washington, landlords are prohibited from "self-help" evictions, such as changing locks or shutting off utilities. They must follow a specific judicial process.
In Washington, the Residential Landlord-Tenant Act (RCW 59.18) strictly governs this process.
1. The Notice Period
Before filing a lawsuit, the landlord must serve a formal notice. The required timeframe depends on the violation:
Pay or Vacate: 14 days (for non-payment of rent).
Comply or Vacate: 10 days (for lease violations).
Waste or Nuisance: 3 days.
2. Summons and Complaint
If the tenant does not comply with the notice, the landlord files a Summons and Complaint.
The Response: The tenant does not have 10 days; they must respond by the deadline stated on the Summons (typically 7 to 30 days from service).
The Sworn Statement: If the summons includes a "Notice of Appearance," the tenant must file this written response with the court and serve it to the landlord’s attorney to avoid a default judgment.
3. The Show Cause Hearing
Most evictions are decided at a "Show Cause" hearing. This is a condensed trial where a judge decides if the tenant should be evicted. If the judge rules for the landlord, they issue a Writ of Restitution, which the Sheriff uses to physically remove the tenant.
Tenant Rights and Legal Defenses
Washington provides robust protections for tenants, particularly in cities like Seattle or for those in low-income brackets.
Common Legal Defenses
Improper Service: The landlord failed to deliver the initial notice or the Summons and Complaint according to strict legal requirements.
Repair and Deduct: Under specific conditions in RCW 59.18.100, if a landlord fails to make critical repairs, a tenant may have a defense (though this requires following very specific written procedures first).
Retaliation: Per RCW 59.18.240, a landlord cannot evict a tenant as a "payback" for reporting code violations or joining a tenant union.
Inaccurate Rent Totals: The 14-day notice must only include "rent" (not late fees or legal costs, depending on the jurisdiction).
Right to Counsel
Washington was the first state to guarantee Right to Counsel for indigent tenants. If you are low-income and facing eviction, the court must appoint a lawyer to represent you at no cost.
Due Process and The "Stay" of Eviction
Fair Hearing Rights
Tenants have the right to present evidence, cross-examine witnesses, and be represented by an attorney. If the eviction is for non-payment, the Tenancy Preservation Program or Judicial Discretion (RCW 59.18.410) may allow a tenant to stay the eviction if they can pay the arrears and meet certain hardship criteria.
The Eviction Resolution Pilot Program (ERPP)
In many Washington counties, landlords are required to engage in mediation through a Dispute Resolution Center and provide the tenant with information about rental assistance before they can even file an eviction case for non-payment.
Important Note: "Force Majeure" is a contract principle rarely applicable to residential leases in Washington. Losing a job or a natural disaster does not automatically waive the obligation to pay rent, though it may qualify a tenant for specific state-funded assistance or judicial stays.
As always speak to an attorney personally for legal advice on topics like this.
