LANDLORD - TENANT EVICTIONS by Ken Valz

Washington State has some of the most strictly enforced laws in the U.S. concerning rentals. An eviction is formally called an "unlawful detainer" in this state. Our laws require the landlord to exactly follow statutory procedures. Beginning in October, 2007 in Thurston County Superior Court, tenants are represented at no cost by volunteer lawyers. This requires a careful following of eviction procedures by landlords. Those procedures are outlined below. 1. In case of non payment of rent, the landlord must serve of a 3 day pay rent or quit premises notice. This notice should be delivered in person by the landlord. If this is not possible, then the landlord should contact their attorney. 2. If the rent is not paid, the lawyer should file an action in Superior Court after three work days have expired. The filing fee is $157.00. 3. The lawsuit requires personal service of the action upon the tenant by a process server. 4. A minimum period of at least 7 days after service is made is required before a judgment can be entered. 5. These matters are heard every Friday in Thurston County Superior Court. If the tenant appears and argues against the eviction, the court determines whether the tenants owe money for back rent and whether a Writ of Restitution should be issued to give the rental back to the landlord. 6. If the tenant does not move after a Writ is granted by the court, then the service of the Writ by the County Sheriff on the tenant is required. 7. A waiting period of a minimum of 3 days is required before the Sheriff returns to allow you to physically evict the tenant. 8. Movers must be standing by on a date that the Sheriff can be present while the tenant's items are moved from the rental. The Sheriff does not move the tenant’s furniture but stands by to keep the peace. This process can become quite costly and I urge landlords to take the process step by step to conserve their money. Fee schedule is below. Revised 10/07 Prepare 3 Day Pay or Quit or other Notices $ 50.00 Preparation of Summons, Complaint, Motion For Writ, Judgment and Court Appearance 1.75 Hours $ 350.00 Filing Fee for Superior Court $ 157.00 Service Fee 30.00 TOTAL $ 537.00 Prepare Writ of Restitution, File with Superior Court, Deliver to Sheriff 1 Hour $ 200.00 Thurston County Superior Court Fee $ 20.00 Thurston County Sheriff Fee $ 150.00 TOTAL $ 370.00 Fee for litigation after first hearing $ 200.00 per hr.