Legal Question in Landlord & Tenant Law in Washington

Re: Evicting Tenant

Doing an unlawful detainer is like lining up a complicated pool shot. You have to start perfectly, do everything right, and if you do everything right you will win.

However, there is this pesky concept called due process that is still the law here. It means that you cannot deprive someone of something without giving them a chance to say why you shouldn't take it away. I bet if the tables were turned you would want to have your say before the sheriff showed up. If somebody came and threw you out of your house you'd be less than pleased.

There are three great variables in the universe: time, energy and money.

Your tenants are bargaining for time because they have no money. You want the house back so you can re-rent it and get paying tenants in there. Fair enough.

But Washington frowns on self-help evictions - e.g. where the landlord just takes the place back by force. There is a ceremony to this process, and it takes about three weeks from start to finish. This is light-speed compared to normal litigation which routinely takes years.

If you are correct, and you can prove to a court that you served the correct notice, served the summons and complaint, served the motion and order to show cause requiring their appearance, then you will probably win and whatever issue they have is not relevant.

The court will issue a judgment for the unpaid rent, and your court costs and attorney fees and process server fees. If you have a contract that calls for late fees, you'll get those too.

The judgment is good for ten years. You can renew it if necessary. It carries interest at 12%. AND you can write this all off on your taxes. So if it takes three weeks and the Court gives them a chance to say whatever they have to say, then it is fair that there is a judgment and a writ.

Sorry it isn't fast enough to suit you. Elizabeth Powell