BILL REQ. #:  S-4808.1 



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SUBSTITUTE SENATE BILL 6572
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State of Washington59th Legislature2006 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senator Hargrove)

READ FIRST TIME 02/03/06.   



     AN ACT Relating to the unlawful detainer process under the residential landlord-tenant act; and amending RCW 59.18.365 and 59.18.375.

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

Sec. 1   RCW 59.18.365 and 2005 c 130 s 3 are each amended to read as follows:
     (1) The summons must contain the names of the parties to the proceeding, the attorney or attorneys if any, the court in which the same is brought, the nature of the action, in concise terms, and the relief sought, and also the return day; and must notify the defendant to appear and answer within the time designated or that the relief sought will be taken against him or her. The summons must contain a street address for service of the notice of appearance or answer and, if available, a facsimile number for the plaintiff or the plaintiff's attorney, if represented. The summons must be served and returned in the same manner as a summons in other actions is served and returned.
     (2) A defendant may serve a copy of an answer or notice of appearance, and if required by the summons, the sworn statement regarding nonpayment of rent described in RCW 59.18.375, by any of the following methods:
     (a) By delivering a copy of the answer or notice of appearance to the person who signed the summons at the street address listed on the summons;
     (b) By mailing a copy of the answer or notice of appearance addressed to the person who signed the summons to the street address listed on the summons;
     (c) By facsimile to the facsimile number listed on the summons. Service by facsimile is complete upon successful transmission to the facsimile number listed upon the summons;
     (d) As otherwise authorized by the superior court civil rules.
     (3) The summons for unlawful detainer actions for tenancies covered by this chapter shall be substantially in the following form. In unlawful detainer actions based on nonpayment of rent, the summons may contain the provisions authorized by RCW 59.18.375.


     IN THE SUPERIOR COURT OF THE
          STATE OF WASHINGTON IN AND FOR . . . . . . COUNTY


Plaintiff,|
|
|
>
|
|
|		NO.
vs.EVICTION SUMMONS
(Residential)
Defendant.


     THIS IS NOTICE OF A LAWSUIT TO EVICT YOU.
          PLEASE READ IT CAREFULLY. THE DEADLINE FOR YOUR WRITTEN
          RESPONSE IS: 5:00 p.m., on . . . . . . . . .


TO: . . . . . . . . . . . . (Name)
     . . . . . . . . . . . . (Address)

     This is notice of a lawsuit to evict you from the property which you are renting. Your landlord is asking the court to terminate your tenancy, direct the sheriff to remove you and your belongings from the property, enter a money judgment against you for unpaid rent and/or damages for your use of the property, and for court costs and attorneys' fees.
     If you want to defend yourself in this lawsuit, you must respond to the eviction complaint in writing on or before the deadline stated above. You must respond in writing even if no case number has been assigned by the court yet.
     You can respond to the complaint in writing by delivering a copy of a notice of appearance or answer((, and if required by this summons, a sworn statement regarding nonpayment of rent,)) to your landlord's attorney (or your landlord if there is no attorney) by personal delivery, mailing, or facsimile to the address or facsimile number stated below TO BE RECEIVED NO LATER THAN THE DEADLINE STATED ABOVE. Service by facsimile is complete upon successful transmission to the facsimile number, if any, listed in the summons.
     The notice of appearance or answer must include the name of this case (plaintiff(s) and defendant(s)), your name, the street address where further legal papers may be sent, your telephone number (if any), and your signature.
     If there is a number on the upper right side of the eviction summons and complaint, you must also file your original notice of appearance or answer with the court clerk by the deadline for your written response.
     You may demand that the plaintiff file this lawsuit with the court. If you do so, the demand must be in writing and must be served upon the person signing the summons. Within fourteen days after you serve the demand, the plaintiff must file this lawsuit with the court, or the service on you of this summons and complaint will be void.
     If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time.
     You may also be instructed in a separate order to appear for a court hearing on your eviction. If you receive an order to show cause you must personally appear at the hearing on the date indicated in the order to show cause IN ADDITION to delivering and filing your notice of appearance or answer by the deadline stated above.

IF YOU DO NOT RESPOND TO THE COMPLAINT IN WRITING BY THE DEADLINE STATED ABOVE YOU WILL LOSE BY DEFAULT. YOUR LANDLORD MAY PROCEED WITH THE LAWSUIT, EVEN IF YOU HAVE MOVED OUT OF THE PROPERTY.


The notice of appearance or answer must be delivered to:


. . . . . . . . . . . .
Name
. . . . . . . . . . . .
Street Address
. . . . . . . . . . . .
Telephone Number
. . . . . . . . . . . .
Facsimile Number (Required if Available)

Sec. 2   RCW 59.18.375 and 1983 c 264 s 13 are each amended to read as follows:
     (1) The remedies provided by this section are in addition to other remedies provided by this chapter.
     (2) In an action of forcible entry, detainer, or unlawful detainer, commenced under this chapter which is based upon nonpayment of rent as provided in RCW 59.12.030(3), the defendant shall pay into the court registry the amount alleged due in the complaint and continue to pay into the court registry the monthly rent as it becomes due under the terms of the rental agreement while the action is pending. If the defendant submits to the court a written statement signed and sworn under penalty of perjury denying that the rent alleged due in the complaint is owing based upon a legal or equitable defense or set-off arising out of the tenancy, such payment shall not be required.
     (3) A defendant must comply with subsection (2) of this section within seven days after completed service of a filed summons and complaint or, in the case of service of an unfiled summons and complaint, seven days after delivering written notice to the defendant, in the manner provided in RCW 59.12.040, advising the defendant of the date of filing, the cause number for the action, and the date by which the defendant must comply with this section to avoid the immediate issuance of a writ of restitution. Failure of the defendant to comply with this section shall be grounds for the immediate issuance of a writ of restitution without bond directing the sheriff to deliver possession of the premises to the plaintiff. Issuance of a writ of restitution under this section shall not affect the defendant's right to a hearing to contest the amount of rent alleged to be due.
     (4) The defendant shall send written notice that the rent has been paid into the court registry or send a copy of the sworn statement referred to in subsection (2) of this section to the ((address of the)) person whose name is signed on the unlawful detainer summons. A defendant may serve the written notice or a copy of the sworn statement by any of the methods described in RCW 59.18.365.
     (5) Before applying to the court for a writ of restitution under this section, the plaintiff must check with the clerk of the court to determine if the defendant has complied with subsection (2) of this section.
     (6) If the plaintiff intends to use the procedures in this section, the summons must contain notice to the defendant of the payment requirements of this section and be substantially in the following form:


     NOTICE


This unlawful detainer action is based upon nonpayment of rent in an amount alleged to be $. . . . . . The plaintiff is entitled to an order from the court directing the sheriff to evict you without a hearing unless you pay into the court registry the amount of delinquent rent alleged to be due in the complaint and continue paying into the court registry the monthly rent as it becomes due while this lawsuit is pending. If you deny that you owe the rent claimed to be due and you do not want to be evicted immediately without a hearing, you must file with the clerk of the court a written statement signed and sworn under penalty of perjury setting forth why you do not owe the amount claimed in the complaint to be due. The sworn statement must be filed IN ADDITION TO your written answer to the complaint.
     Payment or the sworn statement must be submitted to the clerk of the superior court within seven days after you have been served with this summons or, if the summons has not yet been filed, within seven days after service of written notice that the lawsuit has been filed.
     You must also deliver written notice that the rent has been paid into the court registry or send a copy of your sworn statement to the person whose signature appears below by personal delivery, mail, or facsimile.
     This complaint:

( ) is filed with the superior court;
( ) is not filed. The plaintiff must notify you in writing when it is filed.


     IMPORTANT


     If you intend to contest this action, you must also file a written answer as indicated above on this summons.

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