BILL REQ. #:  S-4886.3 



_____________________________________________ 

SUBSTITUTE SENATE BILL 6060
_____________________________________________
State of Washington60th Legislature2008 Regular Session

By Senate Judiciary (originally sponsored by Senator Kline)

READ FIRST TIME 02/07/08.   



     AN ACT Relating to unlawful detainer actions based on nonpayment of rent; 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 2006 c 51 s 1 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 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 2006 c 51 s 2 are each amended to read as follows:
     (1) The procedures and remedies provided by this section are optional and in addition to other procedures and 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)) notice described in this section 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. Such payment is not required if the defendant submits to the court a written statement signed and sworn under penalty of perjury ((denying)) that sets forth the reasons why the rent alleged due in the notice is not owed. In the written statement, the defendant may provide as a reason that the rent alleged due in the ((complaint)) notice is ((owing)) not owed 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)) on or before the deadline date specified in the notice, which must not precede the deadline for responding to the eviction summons and complaint for unlawful detainer. If the notice is served with the eviction summons and complaint, then the deadline for complying with the notice and the deadline for responding to the eviction summons and complaint must be the same date.      (4) Failure of the defendant to comply with this section shall be grounds for the immediate issuance of a writ of restitution without further notice to the defendant and 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 schedule a hearing ((to contest the amount of rent alleged to be due)) on the merits. If the defendant fails to comply with this section and a writ of restitution is issued, the defendant may seek a hearing on the merits and an immediate stay of the writ of restitution. To obtain a stay of the writ of restitution, the defendant must make an offer of proof to the court that the plaintiff is not entitled to possession of the property based on a legal or equitable defense arising out of the tenancy. The court shall only grant the stay upon such prior notice as the court deems appropriate to the plaintiff's attorney, or to the plaintiff if there is no attorney. The court may grant the stay on such conditions as the court deems appropriate. The court may set a show cause hearing as soon as possible, but no later than seven days from the date the stay is sought or the date the defendant moves the court for a show cause hearing. If the court concludes at the show cause hearing that the writ of restitution should not have been issued because of any legal or equitable defense to the eviction, then the writ of restitution must be quashed and the defendant must be restored to possession.
     (((4))) (5) The defendant shall ((send)) deliver written notice that the rent has been paid into the court registry or ((send)) deliver a copy of the sworn statement referred to in subsection (2) of this section to 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)) plaintiff by any of the following methods ((described in RCW 59.18.365)):
     (a) By delivering a copy of the payment notice or sworn statement to the person who signed the notice to the street address listed on the notice;
     (b) By mailing a copy of the payment notice or sworn statement addressed to the person who signed the notice to the street address listed on the notice;
     (c) By facsimile to the facsimile number listed on the notice. Service by facsimile is complete upon successful transmission to the facsimile number listed upon the notice; or
     (d) As otherwise authorized by the superior court civil rules.
     (((5))) (6) 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))) (7) If the plaintiff intends to use the procedures in this section, the plaintiff must first file the summons ((must contain)) and complaint with the superior court of the appropriate county and deliver notice to the defendant of the payment requirements or sworn statement 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)). The notice must:
     (a) State that the defendant is required to comply with this section by a deadline date that is not less than seven days after the notice has been served on the defendant;
     (b) Be separate from the eviction summons and complaint;
     (c) Contain the names of the parties to the proceeding, the attorney or attorneys, if any, and the court in which the proceeding is being brought;
     (d) Be signed and dated by the plaintiff's attorney, or by the plaintiff if there is no attorney;
     (e) Contain a street address for service of the payment statement or sworn statement and, if available, a facsimile number for the landlord; and
     (f) Be no less than twelve-point font type, in boldface type or capital letters where indicated below, and be substantially in the following form:


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


)
Plaintiff,)NO.
)
     vs.)RCW 59.18.375
)
)		PAYMENT OR SWORN STATEMENT REQUIREMENT
Defendant,)
)

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


     IMPORTANT NOTICE
     READ THESE INSTRUCTIONS CAREFULLY

     YOU MUST DO THE FOLLOWING BY THE DEADLINE DATE:

     THE DEADLINE DATE IS. . . . . . . .


     1. PAY RENT INTO THE COURT REGISTRY;
     OR
     2. FILE A SWORN STATEMENT THAT YOU DO NOT OWE THE RENT CLAIMED DUE.


     IF YOU FAIL TO DO ONE OF THE ABOVE ON OR BEFORE THE DEADLINE DATE, THE SHERIFF COULD EVICT YOU WITHOUT A HEARING EVEN IF YOU HAVE ALSO RECEIVED A NOTICE THAT A HEARING HAS BEEN SCHEDULED.



YOUR LANDLORD CLAIMS YOU OWE RENT


     This eviction lawsuit is based upon nonpayment of rent. Your landlord claims you owe the following amount: $. . . . . . The landlord is entitled to an order from the court directing the sheriff to evict you without a hearing unless you do the following by the deadline date: . . . . . . . .



YOU MUST DO THE FOLLOWING BY THE DEADLINE DATE:


     1. Pay into the court registry the amount your landlord claims you owe set forth above and continue paying into the court registry the monthly rent as it becomes due while this lawsuit is pending;
     OR
     2. If you deny that you owe the amount set forth above 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 that sets forth why you do not owe that amount.
     3. You must deliver written notice that the rent has been paid into the court registry OR deliver a copy of your sworn statement to the person named below by personal delivery, mail, or facsimile.


. . . . . . . . . .
Name

. . . . . . . . . .
Address

. . . . . . . . . .
Telephone Number

. . . . . . . . . .
Fax Number


     4. The sworn statement must be filed IN ADDITION TO delivering your written response to the complaint and YOU MUST ALSO appear for any hearing that has been scheduled.


Dated:. . . . . . . . . .

Signed:. . . . . . . . . .


     (8) The notice authorized in this section may be served pursuant to applicable civil rules either with a filed eviction summons and complaint or at any time after an eviction summons and complaint have been filed with the court. If the defendant has served a response to the eviction summons and complaint, then the notice may be served before or with an order to show cause as described in RCW 59.18.370.
     (9) This section does not affect the defendant's right to restore the tenancy under RCW 59.18.410.

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