Legal Question in Landlord & Tenant Law in Washington

landlord and tenant evictions

I was served with a complaint for unlawful detainer (based on three day pay or vacate notice) and a eviction summons (residential) we signed a year lease but never recieved a copy. In these papers it says i must respond in writing how do i respond what do they want me to say or what should my response be to them?


Asked on 1/28/07, 3:59 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: landlord and tenant evictions

You can get more specific advice from the tenants union dot org in Seattle, but in the meantime:

Whether you have a copy of your lease is not relevant right now. What matters is whether you paid January rent or not.

You need to read the complaint, and answer by the time allowed in the summons. The summons will tell you when the answer is due. If the complaint is filed with the court, your answer goes to the court and the plaintiff. Look for a number on the upper right front page that reads 07-2-000000-1.

If the plaintiff has provided a fax number, you can fax your answer to them, but don't send faxes to the clerk - take your answer to the clerk.

Read the complaint. There are going to be statements. To each statement, you need to tell the court whether you admit the truth, deny the truth or have insufficient information to form an answer and therefore deny as to each of the statements.

Be sure to sign it, and provide your address on the answer.

Housing Justice in Seattle can help you as well, and it doesn't matter where you are.

If you have not paid the rent, your absolute best bet is to answer the complaint, even if you just give a notice of appearance so they cannot default you, and plan on moving out before the hearing.

If you do not live there at the time of the hearing, the court lacks jurisdiction to enter a judgment against you.

That can change if the plaintiff's attorney is smart, but generally they are so relieved to have the apartment vacant they won't pursue it.

If you are in any sort of public housing or section 8 housing, be sure to ask for help from Housing Justice and tell them about your subsidy.

Powell

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Answered on 1/28/07, 8:25 pm


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