Eviction and Your Defense
by: Northwest Justice Project
What is the purpose of this packet?
Landlords have to follow certain rules when they want a tenant
to move out. This packet explains the reasons why landlords can
evict tenants and how the eviction process works. It tells you
what you should do if your landlord tries to evict you. It will
also help you defend yourself in court against an eviction if you
cannot get a lawyer to represent you.
Important Information
It is illegal for your landlord to lock you out, turn off your
utilities, or take your property, no matter what.
If your landlord does any of these things, you can take him to court.
It is extremely important that you keep all notices and
documents you get from your landlord. You should also keep a copy
of any letters or documents you send to your landlord.
Get something to keep your records in. Keep in your
file:
- your lease or rental agreement
- your security deposit receipt
- your list of damages in the unit that were there when you
moved in ("Condition Check-In List")
- rent receipts and cancelled checks
- your landlord's address and phone number
- any notices or documents you get from your landlord
- copies of all letters or documents you send to your landlord
In Washington, an eviction lawsuit is called an "Unlawful
Detainer Action."
How can I get help from a lawyer?
If your landlord is trying to evict you, you should try to get
a lawyer immediately. As soon as you get an eviction notice or an
"Eviction Summons" and "Complaint for Unlawful Detainer," you should
try to contact a lawyer.
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If you are low income, you can call the CLEAR line at
1-888-201-1014. A lawyer at CLEAR may be able to help you over
the phone. Or he or she may be able to refer you to a free or
low-cost lawyer who can help you in person.
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If you are not low-income, you should try to see a private
lawyer. Check the yellow pages of your telephone directory under "Attorneys."
There may also be a listing for a referral program operated by
your local Bar Association.
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Some counties have a Housing Justice Project. You
can find out if your county has one by calling CLEAR (1-888-201-1014)
or your local Bar Association.
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There are also several agencies that can help you.
You can call Solid Ground's Tenant Services Hotline at
206-694-6767. You can call The Tenants' Union Tenant Rights
Hotline at 206-723-0500. Or you can call the Legal Action Center
at 206-324-6890.
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If you live in King County, you can meet with a lawyer at
a Neighborhood Legal Clinic for free. Appointments last half an
hour. Call 206-267-7070 to schedule an appointment or for more
information. You can also call the King County
Bar Association. Someone there can refer you to a lawyer.
The King County Bar Association's number is 206-267-7100.
If you cannot get a lawyer, you can defend yourself in your
eviction case. This packet will help you with this process.
Does my landlord have to have a reason for
asking me to move out?
This depends on the kind of rental agreement you have.
There are two main types of rental agreements. The first is a
"month-to-month" rental agreement. The second is a rental
agreement for a specific term, for example, six months or one year,
usually called a "lease."
Month-to-month rental agreements
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Month-to-month rental agreements do not have a fixed time
limit. A month-to-month rental agreement continues until either
the landlord or the tenant gives proper notice that he wishes to end it.
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A month-to-month rental agreement can be in writing.
Or it can simply be an oral agreement without anything in writing.
However, if you pay any kind of deposit, your landlord is
required to give you a written rental agreement.
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If you have a month-to-month agreement, you are usually
expected to pay rent on a monthly basis.
If you have a month-to-month agreement:
Your landlord does not have to have a reason for asking you
to move out (except in Seattle). But he has to tell you in
writing that he wants you to move out at least 20 days before the end
of the rental period. For example, if the rental period ends June
30th (that means rent for the next month would be due July 1st), the
landlord has to give you written notice to move out on or before June
10th.
If the landlord does not have a reason for asking you to
move, he/she cannot force you to move out in the middle of a rental
period.
Leases
If you have a lease:
Usually a landlord cannot ask you to move without a reason if
you have a lease. Check your lease for any exceptions.
If you live in federally-subsidized housing:
You have additional rights. Your landlord may not be
able to evict you. These other packets have more information for
you: Eviction
for Nonpayment of Rent in Public or Subsidized Housing; HUD
Housing Evictions; HUD
Section 8 Moderate Rehabilitation Program Evictions. You can
also call CLEAR at 1-800-201-1014 or visit www.washingtonlawhelp.org
for more help.
If you live in a mobile home park and you own your
mobile home:
You may also have additional rights. See the
publication: Tenants'
Rights Under the Mobile Home Landlord-Tenant Act for more
information.
In some cities, the landlord cannot ask you to move
out for no reason:
In Seattle, for example, a landlord is ordinarily not allowed
to ask you to move out for no reason. For more information, call
The Tenants' Union at 206-723-0500, or the Seattle Department of
Planning & Development Violation Complaint Line at 206-615-0808.
Illegal Actions of the Landlord
The law prohibits a landlord from taking certain actions
against a tenant. These illegal actions include:
- Lockouts
Your landlord is not allowed to lock you out of the unit, no
matter what. He is not allowed to change locks, add new locks, or
prevent you from entering the unit in any other way. He is not
allowed to lock you out even if you are behind in rent.
- Utility Shut-offs
The only reason a landlord can shut off utilities is to make
repairs. He is not allowed to shut off your utilities because you
are behind in rent. A landlord cannot shut off utilities to try
to force you to move out.
It is also illegal for the landlord to intentionally fail to
pay his utility bills in order to have the service turned off.
You can take your landlord to court if he shuts off your
utilities. If you win, the judge can award you up to $100 a day
as damages for each day that utilities were turned off.
- Taking Your Property
The landlord cannot take your property unless you are behind
in rent and you abandon the unit.
It is illegal to include a clause in the rental agreement that lets the
landlord take your property.
If your landlord takes your property, first contact the
landlord in writing and demand the return of your property. If
you don't get your property back, call the police. You can take
the landlord to court to force him to give you back your
property. The judge can award you damages for the taking of your
property, plus up to $100 a day for each day the property was kept, up
to $1000.
- Retaliatory Actions Against You
The landlord is not allowed to take "retaliatory actions"
against you for taking legal action against him.
Examples of legal actions you might have taken against him
include reporting a housing code violation to a government agency or
deducting costs for repairs from your rent.
Examples of illegal retaliatory actions include raising your
rent, reducing your services, or evicting you. If your landlord
does one of these things within 90 days of a legal action you took
against him, that action is presumed to be "retaliation," and is
illegal. Of course, if your landlord takes one of these
actions because you are violating a different rule, that may be
allowed.
You can take your landlord to court if he retaliates against
you.
- Physically forcing you to leave the property
Your landlord is never allowed to physically force you to leave the
property. Only the sheriff can physically move you off the
property. The landlord must win an eviction case in court in
order to get the sheriff involved.
What are the reasons a landlord can force me
to move out?
1. For not paying rent.
If you are even one day behind in your rent, your landlord can
start the process to make you move out. If you are behind in your
rent, your landlord can give you a 3-day notice to pay rent or vacate.
If you pay all the rent you owe within three days after
you get the notice, the landlord must accept it and he cannot evict
you. He does not have to accept a partial payment.
2. For not following the rental agreement.
If you break one of the terms of the rental agreement, the
landlord can give you a 10-day notice to comply or vacate. For
example, your landlord could tell you to move out if you have a cat
when the rental agreement has a "no pets" rule. If you fix the
problem, or "comply", within 10 days after you get the notice the
landlord must stop the eviction process. If you don't fix the
problem or move out within 10 days, the landlord can start an eviction
lawsuit.
3. For creating "waste or nuisance."
You are not allowed to:
- permanently damage or destroy the landlord's property
- use the property for certain illegal activity including
illegal drug-related activity
- engage in gang-related activity
- interfere with other tenants' use of the property
If you do any of these things, the landlord can give you a
3-day notice to vacate. You must move out within three days after
you get this notice. There is no option to correct the problem
and stay.
Does the landlord have to deliver these
notices in a particular way?
Yes. First, the landlord must try to deliver these
eviction notices to you in person. He can also have any manager,
employee, or other adult deliver them to you. If you are not
home, the landlord or his agent can leave the notice with someone else
at your house. If he leaves the notice with someone instead of
you, he must also mail you a copy. If nobody is home, the
landlord or agent can post the notice at your house. If he posts
the notice, he also has to mail you a copy.
Can my landlord still take me to court if I
move out before the time on the eviction notice is up?
Yes. Your landlord cannot file an eviction lawsuit
against you if you move out before the time on the notice is up.
But he can still take you to court to sue you for any rent or other
damages he says you owe him. Your landlord has six years after
you move out to file a lawsuit against you for rent you owe him.
What happens if I continue to live in the
unit after the time on the notice is up?
The landlord can go to court and start an eviction
lawsuit. The eviction lawsuit is called an "Unlawful Detainer
Action" in Washington. To start the eviction lawsuit, the
landlord must deliver you an "Eviction Summons" and a "Complaint for
Unlawful Detainer."
What should I do if I get an "Eviction
Summons" and "Complaint for Unlawful Detainer"?
If you get an "Eviction Summons" and "Complaint for Unlawful
Detainer", this means your landlord is trying to evict you. You
must respond in writing or you will have to move out without getting a
court hearing first.
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The first thing you should do if you get an Eviction
Summons and Complaint is try to get help from a lawyer. If you
are low income, you can call the CLEAR line at 1-888-201-1014. A
lawyer at CLEAR may be able to help you over the phone. Or he or
she may be able to refer you to a free or low-cost lawyer who can help
you in person. If you are not low-income, you should try to see a
private lawyer. Ask your friends if they have any recommendations
for lawyers they've worked with. Or look in the yellow
pages under Attorneys.
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Next, you need to write and deliver a "Notice of
Appearance" or an "Answer." You do not have much time to do
this. It is very important that you submit these documents on
time even if you do not have legal help.
The Eviction Summons and Complaint will tell you the deadline
for submitting your "Notice of Appearance" or "Answer." Your
landlord is supposed to deliver the Eviction Summons and Complaint at
least 7 days before the deadline to submit your Answer.
Your landlord must follow certain rules for delivering the
Eviction Summons and Complaint. These papers must be delivered in
person to you or someone who lives with you. Your landlord cannot
just mail the papers to you or post them on the property unless he gets
a court order. If the papers are delivered to you incorrectly,
you should write this down in your "Answer" (explained below.)
What happens if I move out after I get the
"Eviction Summons" and "Complaint for Unlawful Detainer"?
After you get the Eviction Summons and Complaint, you
cannot stop the eviction lawsuit by moving out. If
you do not answer the Complaint, you will lose the case
automatically. If you disagree with anything in the Complaint,
you must still write a "Notice of Appearance" or
"Answer." You also have to go to the show cause hearing if you
get an "Order to Show Cause." If you don't do these things, you
will probably be ordered to pay everything the Complaint says you owe.
What is a "Notice of Appearance" and
how do I fill it out?
When you get an Eviction Summons and Complaint, you must
submit an "Answer" by the deadline in the Eviction Summons. If
you aren't sure what to put in your Answer or you need more time to get
legal help, you can submit a "Notice of Appearance" instead. You
still must submit an Answer to the Complaint, but you can't be evicted
without further written notice if you've submitted a "Notice of
Appearance." The "Notice of Appearance" simply lets the landlord
and the court know that you want to be notified if anything else
happens in your case.
If you do not submit either a "Notice of Appearance" or
"Answer," your landlord will probably win the case automatically.
You will be ordered by the court to move out. You will also have
to pay everything your landlord asked for in the Complaint.
Use the blank "Notice of Appearance" form at the end of this
packet. At the top of the form, you should fill out the county
where the lawsuit was filed. Fill in the same county listed on
the Eviction Summons and Complaint. Fill in your name as the
"defendant" and your landlord's name as the "plaintiff." If there
is a case number on the Eviction Summons and Complaint form, fill that
in in the space next to the word "No." (for Number.) If there is
not a case number on the Eviction Summons and Complaint, leave the
space for the case number blank. Even if there is no case number,
you must still submit your "Notice of Appearance" or "Answer" by the
deadline in the Eviction Summons.
Fill in the name of your landlord's lawyer in the space for
"Attorney for Plaintiff." Fill in the date. Then sign the
form and fill in your name, address, and phone number.
What is an "Answer" and how do I fill it out?
If you get an Eviction Summons and Complaint, you must submit
a written "Answer." In the "Answer", you get a chance to explain
your side of the story. Use the blank "Answer, Affirmative
Defenses, Set-Offs" form at the end of this packet. You can fill
in the form by hand. Make sure you write neatly.
At the top of the form, you should fill out the county where
the lawsuit was filed. Fill in the same county listed on the
Eviction Summons and Complaint. Fill in your name as the
"defendant" and your landlord's name as the "plaintiff." If there
is a case number on the Eviction Summons and Complaint form, fill that
in too. If there is not a case number on the Eviction Summons and
Complaint, leave the space for the case number blank.
Next, there are spaces that ask you to either "admit" or
"deny" the statements that the landlord makes in the Complaint.
Read each paragraph in the Complaint carefully. The paragraphs
will be numbered. For all of the paragraphs you agree with, fill
in the number of the paragraph in the "admit" category. For all
of the paragraphs you disagree with, fill in the number of the
paragraph in the "deny" category.
You might want to only admit part of a paragraph. In
this case, write the number of the paragraph in the "admit"
section. Then copy down the parts you disagree with where it says
"except for the following statements:."
In the section titled "Affirmative Defenses," you have a
chance to explain your side of the story. You should write in
this section any reasons you have for why your landlord shouldn't be
able to evict you. For example, if your landlord did not make
necessary repairs and you followed all the correct rules to deduct
repair costs from your rent for that reason, you should write
that. If your landlord did not deliver the Eviction Summons and
Complaint at least 7 days before the response deadline, you should
write that.
If you think your landlord actually owes you money,
you should write that in the section titled "Set-offs." List the
amount and the reasons why you think your landlord owes you
money.
Lastly, write in your address and phone number. Sign and date the
form.
How do I submit my "Notice of Appearance" or
"Answer"?
STEP 1: Make at least two copies of the form
after you fill it out.
STEP 2: Take one copy to your landlord's
lawyer. The lawyer's address should be printed on the lower right
hand side of your Eviction Summons and Complaint. It is best to
deliver the form in person. If your landlord doesn't have a
lawyer, take the form to the landlord himself.
When you deliver the form, ask the landlord's lawyer or
secretary to stamp the original and one copy of the form with a "copy
received" stamp and the date. If the Eviction Summons says you
have to deliver the form by a certain time, ask the lawyer or secretary
to write in the time as well. Keep the stamped copy for your
file. This will give you proof that you delivered the form before
the deadline listed on the Eviction Summons.
it is best to deliver the form in person, but you can also
mail it. If there's a fax number in the Eviction Summons, you can
also fax it. Remember that the form has to be received
by the landlord's lawyer by the deadline on the Eviction Summons.
It is not enough to simply mail it and have it postmarked by the
deadline. If you mail the form, you should include a Certificate
of Service. This form gives you proof that you mailed the form on
time. There is a blank "Certificate of Service" form at the end
of the forms in this packet. Use this form. If you fax the
form, print out a fax transmission confirmation and keep it.
STEP 3: Next, if there is already a case
number on the Eviction Summons and Complaint, you need to file the
original form at the Superior Court. Take the original to the
Superior Court in the county listed on the Eviction Summons.
If there is not a case number on the Eviction Summons and
Complaint, keep the original for the time being. Wait until you
receive the case number, either in the mail or by personal
delivery. Then take the original "Notice of Appearance" or
"Answer" form you filled out to the court. Take it to the County
Courthouse in the county listed on the Eviction Summons.
When you file the original at the court, ask the Clerk to
stamp your copy with a stamp showing the date. This will prove
you filed the form on time.
In King County, take the forms to the 6th floor of the King
County Courthouse at 3rd and James in Seattle.
What if the Eviction Summons says I have to
go to a court hearing to give my Answer instead of just delivering it
to the Clerk?
You should not have to go to a court hearing until you get an
"Order to Show Cause." (This is explained below.) But if
the Eviction Summons says you have to go to a court hearing to give
your answer, it is a good idea to talk to your landlord's lawyer.
Tell the lawyer you should not have to go to a court hearing until you
get an "Order to Show Cause." Ask the lawyer to confirm that he
or she will give you written notice later if you have to go to a court
hearing.
What if I also get a separate notice titled
"RCW 59.18.375 Payment or Sworn Statement Requirement"?
In addition to the Eviction Summons and Complaint, you may
also get a separate notice that you have to pay your rent to the court
in order to prevent eviction. This notice should be titled "RCW
59.18.375 Payment or Sworn Statement Requirement." This notice
can be delivered to you if the eviction lawsuit is based on nonpayment
of rent. It can be delivered either with the Eviction Summons and
Complaint or later. If you receive this notice, you must either
pay the rent claimed due to the Superior Court Clerk or file a sworn
statement that you don't owe the amount of rent claimed due by the
deadline in the notice. There is a sworn statement form called
Certification in the sample forms at the end of this packet. The
deadline for responding to this notice should be at least 7 days from
the date it is delivered to you.
You must either pay the rent to the Superior Court Clerk or
deliver a sworn statement saying you don't think you owe the rent
claimed due. If you do not do either of these things by the
deadline in the notice, your landlord can get a court order to evict
you automatically. You must also deliver written notice of
payment or the sworn statement that you don't owe the amount of rent
claimed due to the landlord's lawyer. The notice of payment or
sworn statement can be delivered in person, by mail, or by fax if
there's a fax number in the notice.
In King County, you should take your rent to the court
cashier's office. This office is located at 3rd and James in
Downtown Seattle. The office is on the 6th floor. You can
also deliver the rent check to the Regional Justice Center in
Kent. In other counties, take your rent to the Superior Court
Clerk in your county. You generally must pay by cash,
cashier's check, or money order. The Clerk usually won't accept
personal checks.
You must respond to this notice by the deadline in
addition to delivering your Notice of Appearance or Answer by
the deadline in the Eviction Summons and appearing at
any show cause hearing that has been scheduled.
How do I know if I have to argue my case in
court?
If you have to go to a hearing on the eviction, you will get a
notice called an "Order to Show Cause."
What is an "Order to Show Cause" and what
should I do if I get one?
If you get an "Order to Show Cause," it means your landlord
has filed an eviction lawsuit against you and he wants to have a
hearing in court. If you get an "Order to Show Cause" and you
want to defend yourself against the eviction, you have to go to
court. It is not enough to deliver your "Notice of Appearance" or
your "Answer." It is also not enough for you to deliver your
rent to the Superior Court Clerk or file a sworn statement that you
don't owe all of the rent. You must go to the hearing!
The date and time of the "Show Cause Hearing" will be on the
"Order to Show Cause." You must be on time.
What is a "Show Cause Hearing"?
At a Show Cause Hearing, a judge or commissioner will decide
whether you have a good defense to the eviction. If she thinks
you do have good arguments for why you should not be evicted, you may
win the case right there. She may also grant you a full trial to
defend yourself. If she thinks you do not have strong enough
arguments against the eviction, she can decide that you should be
evicted immediately. She can also decide how much money you owe
the landlord or postpone that decision until later.
Your landlord's lawyer will have a chance to argue why you
should be evicted. Then you will be able to give your arguments
for why you shouldn't be evicted.
How do I prepare for the hearing?
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You should first gather all the important papers and
documents you need to argue your case. You should bring
everything that has to do with your rental. These things may
include:
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your lease or rental agreement
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your security deposit receipt
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your move-in condition checklist
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your list of things wrong with the
apartment
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rent receipts and cancelled checks
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your eviction notices
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the Eviction Summons and Complaint
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your copies of the "Notice of Appearance" or "Answer"
that your filled out. (They should be stamped with the date you
delivered them to your landlord's lawyer and to the court.)
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any written estimates for repairs to damages in the
rental unit
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receipts for repairs you had done in the apartment
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photographs of any problems with the apartment
Bring originals whenever possible, and bring an
extra copy in case the court wants to keep anything you have.
If you are not sure whether you will need something, bring
it with you anyway!! It can never hurt to have too much
evidence.
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Next, you should contact any witnesses who would be able
to support your case and ask them to come to the hearing. Witnesses
must have personal information about the reasons why you should not be
evicted. They must have seen the damage or disputes between you
and your landlord in person. The more witnesses you have with
personal knowledge about your case, the better.
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If you want to see how the system works before your
hearing, ask the court clerk when other "show cause hearings" will be
held. You can ask to sit in on a hearing to get an idea of what yours
will be like.
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Before the hearing, you should practice what you want to
say. Your presentation should be organized and short. You may want to
write down a list of important points you don't want to forget.
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Let your witnesses know in advance what questions you are
going to ask them.
What do I do when I get to court for
my hearing?
Check in with the court clerk when you arrive at the
courthouse for your hearing. The clerk will tell you which
courtroom to go to. The list of cases to be heard that day may be
posted outside the courtroom or read aloud at the start of the session.
If your case is not listed or read, see the court clerk.
What happens at the hearing?
The judge will usually begin by describing the court's
procedure. Then the first case will be called. Wait for the judge
to announce your case and then go forward with your evidence and
witnesses. Usually, all plaintiffs, defendants and witnesses will
be required to swear to tell the truth before they testify.
Who are the "plaintiffs" and
"defendants"?
In an eviction case, your landlord is the "plaintiff."
You are the "defendant." (Because you are defending yourself against
him.)
What if I don't speak English?
If you do not speak English or have a speech or hearing
impairment, you have the right to an interpreter in court. Just
make sure to let the court know as far in advance as possible that you
want an interpreter. People who are not U.S. citizens also have a
right to a hearing in court.
What happens when my case is called?
When your case is called, your landlord's lawyer will have the
chance to speak first. The judge will then ask any questions she
has for the lawyer and the lawyer's witnesses if there are any.
The judge may give you the chance to ask the lawyer
and the witnesses questions as well.
Then it will be your turn to talk.
What should I say when it is my turn
to talk?
When it is your turn to talk, you should:
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First explain the reasons why you think you shouldn't be
evicted. There are many arguments you may have. If your
landlord did not make repairs he should have, you should say
that. If your landlord says you did not pay rent but you did, you
should say that. If you deducted costs from your rent for
repairs, you should say that. If your landlord did not give you
the proper notice for changing a rule, you should say that. If
your landlord gave you any notices late, you should say that.
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Then show the judge any evidence you brought with
you. (See above for a list of evidence you might want to bring.)
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If you have witnesses, tell the judge you would like to
have your witnesses testify. When the judge tells you to question
your witnesses, ask them the questions you prepared about why you
should not be evicted.
When will the judge announce his or
her decision?
After hearing both sides, the judge will announce a
decision. The judge may decide that:
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You lose the case. This happens if the judge decides that you do
not have a good defense to the eviction lawsuit (Unlawful Detainer
Action). In this case, the judge will direct the sheriff to evict
you. The judge may also decide that you owe your landlord
money. He or she may tell you how much money you have to pay your
landlord or postpone that decision until later.
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You win the case. This happens if the judge
decides that you have presented a good defense against the
eviction. In this case, the judge will dismiss the case.
This means you do not have to move out, at least for the time
being. Sometimes the judge will make this decision simply because
the landlord did not follow the right procedures for the
eviction. The landlord may still be able to evict you later, but
he will have to fix any mistakes he made in the eviction process
first.
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A full trial is necessary to decide the case. If
the judge makes this decision, you and your landlord have to get a
trial date. If you are still living on the property, your
landlord has the right to a trial within 30 days.
What if I want to have a jury hear
my case?
You do not have the right to a jury at a "show cause
hearing." But you do have the right to a jury if the judge orders
a full trial. If you want your case heard by a jury at trial:
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You must file a written request for a jury before
you get a trial date
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Go to the Superior Court Clerk to file this request
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There is a fee for having a jury. A six-person jury
costs $125. A twelve-person jury costs $250. If you can't
afford this fee, you can ask the court to waive the jury fee.
Whether the jury fee will be waived or not is up to the court.
You should ask the court to order waiver of the fee before you file the
request for a jury.
What happens if I miss my "Show
Cause Hearing"?
If you do not go to the court for your Show Cause Hearing or
if you are even a few minutes late, you will probably lose
automatically. The judge will allow your landlord to evict
you. The sheriff will be able to force you to leave the
property. And you may have to pay everything the landlord asked
for in the Complaint. This may include rent, damages, court
costs, and lawyer fees.
Can my landlord physically force me
to leave the property?
No. Only the sheriff can physically move you off the
property. The landlord has to go to court to get the sheriff
involved.
If the judge decides the case should
go to full trial, how do I get a trial date?
The procedure for getting a trial date may be different from
county to county. Usually, the judge or commissioner will sign an
order instructing the Superior Court Clerk to set the case for trial on
a specific date. Ask the judge or commissioner or contact the
Superior Court Clerk if you have a question about the procedure for
getting a trial date in your county.
Is there a way I can settle the case
with my landlord without going to court?
Yes. If you and your landlord can make an agreement on
the case, you don't have to go to court. Make sure you get this
agreement in writing. It should say:
- Whether you are allowed to stay in the unit or whether you
have to move
- If you are agreeing to move, it should say the date you
will move out by
- Whether you are responsible for paying any rent, damages,
late charges, fees, court costs, or lawyer fees
- What will happen if you do not move out by the agreed date
or if you don't pay the agreed amount of money
If you and your landlord make a written agreement, you should
have a lawyer look at it before you sign it.
This agreement between you and your landlord is called a
"Stipulation." There is a sample "Stipulation" at the end of this
packet.
What happens if I do not answer the
Eviction Summons and Complaint, or if I lose at the show cause hearing?
If you do not respond to the Eviction Summons and Complaint,
or if you lose at the Show Cause Hearing, you will generally have to:
- Move out
- Pay the money the judge says you owe your landlord
- Pay your landlord back for his court fees and lawyer fees
in the eviction process as well. Court fees can cost over $200.
Lawyer fees can cost $1,000 or more. Because it is so expensive,
it is a good idea to try to avoid going to court if you don't have a
good defense against the eviction.
Usually, if you do not answer the Eviction Summons and
Complaint, you will have to pay everything your landlord asked for in
the Complaint.
In order to make you move out, the court issues an order for a "writ of
restitution."
What is a "writ of restitution"?
The sheriff can deliver a "writ of restitution" to you
personally or post it on your property. If the sheriff delivers
or posts a "writ of restitution," it means you must move out. You
will not have a chance to argue your case unless the court orders
another hearing. The writ will usually say the date by which you
have to move out. If you do not move out on your own before this
date, the sheriff will come to order you off the property. The
sheriff is allowed to physically remove you and your belongings from
the property if you don't move out voluntarily.
If at all possible, you should move your belongings out of
the unit before the sheriff comes. When you get a "writ of
restitution" and don't move out by the deadline, the landlord under the
sheriff's supervision is allowed to move your belongings out of the
unit if you are not there. If you deliver a written request to
the landlord for storage of your property within three days after
delivery of the writ of restitution, your landlord must store the
property. The landlord may also have to store your property if he
knows that you are disabled and your disability interferes with your
ability to request storage. You will generally have to pay moving
and storage costs to get your property back. If you object to
storage, your landlord can't store your property. If your
landlord doesn't store your property, he will usually put the property
on the sidewalk or parking strip. If your property is not stored,
your landlord and the sheriff are not required to protect your property
from theft, weather, or other damage.
If you have questions about the right of the sheriff to force
you to leave the property, call the sheriff's office. The number
is usually listed on the "writ of restitution."
Is there any way I can stop my
eviction after I get a "writ of restitution"?
It is very difficult to stop an eviction after you get a "writ
of restitution." But you may be able to stop it if the landlord
did something incorrectly in the eviction process. If you want to
try, you should contact a lawyer immediately.
How can I get more information on my
rights?
You can get more information on your rights as a tenant in the
packet called Your
Rights as a Tenant in Washington. You can find
this packet on the internet at www.washingtonlawhelp.org.
Or you can get it by calling the Northwest Justice Project at
1-888-201-1014.
Microsoft Word Forms and Sample forms (and a
warning).
Sample forms referred to earlier in these materials are
included for those forms that you may need to fill out in responding to
an Unlawful Detainer Action. We have also included a sample
Summons and Complaint. These forms are provided to illustrate how
a particular form may be filled out. These are only
examples. To view the sample forms, you must download
this publication as a PDF file. The PDF version of this publication
also has blank forms for you to fill out by hand. If you have Microsoft
Word software, you can use the forms below.
6310EN
This publication provides general information
concerning your rights and responsibilities. It is not intended as a
substitute for specific legal advice.
This information is current as of the date of its printing,
January 2009.
© 2009 Northwest Justice Project.
1-888-201-1014
(Permission for copying and distribution granted to the Alliance for
Equal Justice and individuals for non-commercial use only.)
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