| Passed by the Senate February 18, 2008 YEAS 48 BRAD OWEN ________________________________________ President of the Senate Passed by the House March 6, 2008 YEAS 93 FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6060 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
| Approved March 19, 2008, 9:56 a.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 20, 2008 Secretary of State State of Washington |
| State of Washington | 60th Legislature | 2008 Regular Session |
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.)):
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:
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:
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.
If you intend to contest this action, you must also file a written
answer as indicated above on this summons
(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: