H-3652.1  _______________________________________________

                          HOUSE BILL 2830

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representatives Schindler, Mielke, Anderson, Benson, Talcott, Ahern, Dunn and Boldt

Read first time 01/29/2002.  Referred to Committee on Local Government & Housing.

Providing a system for immediate eviction of tenants involved in criminal activity.

    AN ACT Relating to immediate eviction of a tenant involved in criminal activity; adding a new section to chapter 59.18 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature finds that under existing residential landlord-tenant laws a landlord does not have means to immediately evict a tenant that is involved in criminal activity.

    The legislature further finds that with the absence of an immediate legal means to remove these tenants, the landlord will suffer significant loss in the property.  This loss will continue to grow the longer the tenant is allowed to remain on the property pending court action under the existing unlawful detainer law.

    It is the intent of the legislature to protect a landlord from financial loss by providing a system for immediate eviction of tenants involved in criminal activity.

NEW SECTION. Sec. 2.  A new section is added to chapter 59.18 RCW to read as follows:

    (1) A landlord, with supporting evidence and documentation, may request a court having jurisdiction to authorize the immediate eviction of a tenant, if the tenant has:

    (a) Misbranded drugs by misleading representation under RCW 69.04.530;

    (b) Possessed drugs in violation of the uniform controlled substances act, chapter 69.50 RCW; or

    (c) Committed a violation involving methamphetamine under RCW 69.50.401 or 69.50.440.

    (2) Following a request under subsection (1) of this section, a court will convene a hearing to determine whether the tenant should be immediately removed.  The court will request that the landlord or the landlord's representative, the tenant or the tenant's legal representative, the sheriff or law enforcement personnel, as well as a representative of a local community services agency, attend the hearing.  The court may issue a writ of restitution for the immediate eviction of the tenant.

    (3)(a) Upon eviction, the tenant as well as all persons living with the tenant must be removed from the premises.  The tenant's personal property may be retrieved within three days if the parties are accompanied by a judicial representative.

    (b) The eviction must take place on the same day the writ of restitution is signed by the court.  If scheduling does not permit for the issuance of the writ of restitution the same day, it must be served by noon the following day.

    (c) To enforce the court-ordered eviction, the landlord must be accompanied by the sheriff.

    (4) Nothing in this section shall be construed to reduce the requirement of the landlord having to post a bond under RCW 59.12.090.

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