H-3998              _______________________________________________

 

                                                   HOUSE BILL NO. 2997

                        _______________________________________________

 

State of Washington                               51st Legislature                              1990 Regular Session

 

By Representatives Nutley and Winsley

 

 

Read first time 1/31/90 and referred to Committee on Housing.

 

 


AN ACT Relating to the form and substance of notice in unlawful detainer actions resulting from unpaid rent; and amending RCW 59.18.365.

 

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

 

        Sec. 1.  Section 15, chapter 342, Laws of 1989 and RCW 59.18.365 are each amended to read as follows:

          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, in which the landlord is pursuing remedies set forth in RCW 59.18.375, the summons ((may)) shall contain the provisions authorized by RCW 59.18.375.

 

@lb                                IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

                                                               IN AND FOR .......... COUNTY

 

!tp1,1,1 @p4 !tlü

!sc ,4Plaintiff,!tl!ttï!sc ,4!ttNO.

!tlï

!sc ,6vs.!tlý!tlEVICTION SUMMONS

!tlï!tl(Residential)

!sc ,4Defendant.!tlï

!tl_

 

@la @p0                                    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:!sc ,2 ............... (Name)

!sc ,5 ............... (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 to your landlord's attorney (or your landlord if there is no attorney) to be @bereceived@ee no later than the deadline stated above.

          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 @bein addition@ee 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:

 

!tp1,1 !tl!w_

!tlName

!tl!w_

!tlAddress

!tl!w_

!tlTelephone Number

!ix