BILL REQ. #: S-1988.2
| State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 02/25/05.
AN ACT Relating to the unlawful detainer process under the residential landlord-tenant act; and amending RCW 59.12.070, 59.18.370, and 59.18.365.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 59.12.070 and 1927 c 123 s 1 are each amended to read
as follows:
The plaintiff in his or her complaint, which shall be in writing,
must set forth the facts on which he or she seeks to recover, and
describe the premises with reasonable certainty, and may set forth
therein any circumstances of fraud, force or violence, which may have
accompanied the ((said)) forcible entry or forcible or unlawful
detainer, and claim damages therefor, or compensation for the
occupation of the premises, or both; in case the unlawful detainer
charged be after default in the payment of rent, the complaint must
state the amount of such rent. A summons must be issued as in other
cases, returnable at a day designated therein, which shall not be less
than ((six)) seven nor more than ((twelve)) thirty days from the date
of service, except in cases where the publication of summons is
necessary, in which case the court or judge thereof may order that the
summons be made returnable at such time as may be deemed proper, and
the summons shall specify the return day so fixed.
Sec. 2 RCW 59.18.370 and 1973 1st ex.s. c 207 s 38 are each
amended to read as follows:
The plaintiff, at the time of commencing an action of forcible
entry or detainer or unlawful detainer, or at any time afterwards, upon
filing the complaint, may apply to the superior court in which the
action is pending for an order directing the defendant to appear and
show cause, if any he or she has, why a writ of restitution should not
issue restoring to the plaintiff possession of the property in the
complaint described, and the judge shall by order fix a time and place
for a hearing of ((said)) the motion, which shall not be less than
((six)) seven nor more than ((twelve)) thirty days from the date of
service of ((said)) the order upon defendant. A copy of ((said)) the
order, together with a copy of the summons and complaint if not
previously served upon the defendant, shall be served upon the
defendant. ((Said)) The order shall notify the defendant that if he or
she fails to appear and show cause at the time and place specified by
the order the court may order the sheriff to restore possession of the
property to the plaintiff and may grant such other relief as may be
prayed for in the complaint and provided by this chapter.
Sec. 3 RCW 59.18.365 and 1989 c 342 s 15 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.
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: