BILL REQ. #: S-3512.2
_____________________________________________
SENATE BILL 6572
_____________________________________________| State of Washington | 59th Legislature | 2006 Regular Session |
By Senator HargroveRead first time 01/16/2006. Referred to Committee on Judiciary.
AN ACT Relating to the unlawful detainer process under the
residential landlord-tenant act; and amending RCW 59.18.365.
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
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:
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