Step 1. The Eviction Notice
While the landlord may serve more than one type of notice, this will
cause problems if the notices are inconsistent. For example, a landlord would be unwise to serve a nuisance notice in
combination with other notices. Consult an attorney if unsure which notices to serve.
Step 2. Initiating the Eviction Litigation - The Summons and Complaint
If the tenant fails to comply with the notice, the next step in the eviction is to initiate litigation. This is done by
serving the tenant with a summons and complaint. The tenant must answer the summons by the deadline specified,
which must be at least 7 days from the date of service. Because you are party to the action, you may not serve
the summons and complaint.
Step 3. Default or a Show Cause Hearing
A. Default
If there is no response to the summons and complaint relief
may be obtained from the court by default without notice to the tenant. In Washington a defendant, including a
tenant, does not have to do a lot to appear. Even a phone call is treated as an appearance.
OR
|
|
| If you attend a hearing please turn off your phone. |
B. The Show Cause Hearing
If the tenant makes an appearance, even an informal one, a hearing
is required. The tenant must be given at least 7 days notice of the hearing. The tenant must show cause
at this hearing as to why you are not entitled to possession and a judgment for rent immediately, i.e. without the need for
a trial. (Unless service was by alternative means, in which case you are only entitled to possession but not a
judgment.)
The landlord or property manager must attend the hearing.
The show cause hearing may be set at the time the summons and complaint
are served or any time afterwards. If the hearing was not set when the summons and complaint were served and the tenant
responds to the summons, a show cause hearing must be set to continue the eviction process. Because of this tenant right
to "automatically" delay the eviction process we recommend serving the show cause order with the summons and complaint.
|
|
| If there is a locked door or gate to get to the tenant's unit provide a key or code for the sheriff. |
Step 4. The Sheriff Steps In
After the writ of restitution is obtained, whether by default or at the show cause hearing, the
sheriff will serve it. The tenant will have three business days to vacate, not including the day of service.
If the tenant does not appear to be vacating the premises in this timeframe, you must contact
the sheriff's civil department and arrange a physical eviction.
King County -
City of Seattle, Yesler St. north to Kenmore, contact Det. Brad Ray @ 206-296-7532
South King County, contact Det. Russ White @ 206-296-4207
Eastside, Renton, & Southeast Kent, contact Det. Joe Gaddy @ 206-205-7901
City of Seattle, South of Yesler St., Rainier Valley, Federal Way, Auburn, contact Det. Kalvin Smith @ 206-205-7906
Pierce County
253-798-7520
Snohomish County
425-388-3522
The sheriff wll not move anything - the sheriff's role in the eviction is to keep the
peace. They may also charge more money for the physical eviction. That is your obligation. We collect the
initial deposit. We do not collect any additional funds from you for the sheriff.
|
