Doing an eviction in Washington State

[Rod Lloyd]

When we lived in LA I did my own evictions. The county court provided the forms and tolerated pro per submissions. I was quite successful.

Now moved to Washington state, I went to the court house, they told me there are no pre printed forms, an attorney has to draw up the summons and complaint in narrative format and it must conform to the county rules.

When I asked the president of the local landlord association, she say all her members use an attorney and recommends I do the same.

I am looking for someone who does their own evictions in Washington state that can give me some pointers.

Rod

[Marcia Maynard]

@Rod Lloyd. It depends on the location of the rental property. Not all cities and counties operate in the same manner. Where is your rental property?

Evictions in Washington State can be completed in less than one month from the date of the posting of a "Pay Rent or Quit" notice to the date the sheriff comes. But to be successful, you need to know what you are doing and the exact protocol the court requires. I do know of landlords in Vancouver, Clark County who prepare all of their own legal documents and do their own representation, but they've been working with the courts for a very long time and originally learned the ropes from a seasoned attorney. Most landlords see value in hiring an attorney who specializes in landlord-tenant law to do the court work. At least for the first time.

Successful evictions begin with having a legal rental agreement, then with proper posting of legal notices, then with proper submission of the summons and complaint, proper process serving, and proper court follow-up.

I recommend becoming very familiar with these things:

1. Know, understand and abide by landlord-tenant law for your jurisdiction. Know the RCWs (Revised Code of Washington) pertaining to landlord-tenant law, as well as any other laws specific to your county and/or municipality.

2. Know the eviction time-line. There is an excellent example of this on the Tenants Union website. See:  http://www.tenantsunion.org/en/rights/eviction-tim...

3. Know how your local court operates. Sit in for a few "unlawful detainer" cases to get a feel for how the judges handle their cases. Review public court records to see how documents are prepared and presented by attorneys. Listen in court for how attorneys approach the bench to make their case. It is surprisingly quite simple. The key is knowing and abiding by the specific protocol of the court that will process your case.

4. Know how law enforcement for your jurisdiction does their part for situations where the tenant refuses to leave the premises when required by law to do so. If the tenant does not respond to the first posting of legal notices, does not respond to the summons and complaint, does not respond to the court orders, and refuses to leave the premises even after all of the court proceedings and judgement in your favor, then you will need a sheriff to assist you at the property for their forceful removal. The sheriff will post a notice of their own on the entrances to the premises, then will enter the unit to make sure it is clear or to confront the tenant, and then once the tenant is out, they will stand by as you change the locks and empty out the dwelling.

This is not legal advice. It's just what I know from my 20+ years of landlording in Washington State. Hope it helps!