Legal Question in Landlord & Tenant Law in Washington

Unlawful Detainer/Eviction Summons

We were served on 5/18/06 an Evicition Summons and also an Unlawful Deatainer and Monies Due. The forms are for non payment of rent. We need to respond by 5/25/06. I did speak briefly to the Rental company she uses. They told me if I paid the total amount listed on the summons and unlawful detainer this would ''go away''. She mentioned other fees but failed to tell me what they are. I have asked both our Landlord and agent to clarify additional fees and neither have responded.

I will pay the total amount due as stated in the notices. Now since the agent told me this would ''go away'' if all was paid do I still have to give a written answer. The summons and the unlawful detainer have not been filed with a court.

We do have a lease with option to purchase. It does state in the lease that we are to make repairs to this property which we do. We advise our landlord every time a repair is needed. The repairs on this home have become extremely costly but she refuses to respond to my attempts to questions in regards to the costly repairs. I have saved all email correspondence with her in regards to repairs.


Asked on 5/21/06, 4:37 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Unlawful Detainer/Eviction Summons

Were you served with - or did you recieve a three day notice to pay rent or leave before they served the summons and complaint?

That notice is necessary for your landlord to proceed. That said, the smartest thing you can do is to pay the amount they are claiming is due. Just get a receipt. If they won't give you a receipt, write a receipt for yourself and take copies of your check or money order so you can prove you paid the amount.

Your answer is "I appear in this action, and can be reached (here) and demand further notice of every pleading in this action". That is essentially all you have to say.

If you have a lease with option and it is not ilusory, but a bone fide contract to purchase the house, that changes things. If the lease/purchase is not real, they cannot require that you do the repairs. You need to be able to document the repair requests you have made - calling doesn't count, only writing.

This situation is going to turn on the language of your lease. You need to have an attorney review the lease for compliance with the RLTA. Please do not hesitate to contact me or northwest justice - they have an office in Wenatchee and may be able to help you.

Good luck. Elizabeth Powell

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Answered on 5/21/06, 11:19 pm


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