Legal Question in Landlord & Tenant Law in Washington

Eviction

Earlier this morning i received a summons for eviction and i have noticed several things wrong in the summons. Is that grounds for dissmisal? I did inform here that I was going to be late on my payment because i had a death in the family and that i would either mail her the check or i would pay her when i got back. In the summons she attached a copy of a 3-day notice that was said to be posted on the door and mailed to me, I have not received either. The notice was written on the 20th of October and it is now November 1. The amount of my rent is worng also. It says that we pay $650 a month not the actual amount of $625. Please help me in any way you can. Thank you!


Asked on 11/01/05, 2:42 pm

3 Answers from Attorneys

James Vasquez In Pacta, PLLC

Re: Eviction

You'll need to make sure and submit a response to the complaint immediately as your answer is due within 20 days of service. In that answer you will need to either admit or deny the allegations contained therein. For those, that you deny set out what the correct fact is. In addition, set out your defenses, i.e. improper service, improper notice to pay or vacate, etc. In concluding your answer you'll need to ask the court to dismiss the case based upon your defenses. You'll need to file a copy with the court, and send a copy to the landlord or her attorney. Thereafter, you'll need to attend the show cause hearing to defend your case.

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Answered on 11/01/05, 2:59 pm
Michelle Farris Law Office of Michelle Geri Farris

Re: Eviction

To add to James' wisdom, also look closely at your summons. Does it say that you have to pay a certain amount (usually rent owed) to the court registry? If so, make sure to deposit that money with the court within 7 days of being served; if you don't you might be evicted even if you have issues with the complaint.

Also, if you live in King or Snohomish County, there will be "public defender" attorneys in court to help you. Check with your county court clerk to see if such a "housing justice" project exists in your area.

Best of luck!

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Answered on 11/01/05, 4:06 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: Eviction

With all due respect to my colleagues, your answer is not due in 20 days - it is due at the day and time demanded, which is likely 7 - 8 days after you were served.

Here's the tricky bit. If you don't appear or answer the landlord will get a default. If you do appear and answer they'll take a substantive judgment.

Problems with the summons and complaint such as you describe can provide a basis for dismissal, but that's a judgment call by the court.

Suggestion: Put in a notice of appearance, and specifically state that you are not waiving any defenses whatsoever. The statute allows you to not plead your answer until you appear for the hearing. Read it carefully, and you'll see that you are allowed some flexibility.

Best practice tip: Move out. Before the hearing. If you move out possession is not at issue. ULD court only has jurisdiction if possession is at issue. No possession = no jurisdiction.

You will lose this fight, sooner or later. Later will get expensive. Good luck - Powell

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Answered on 11/01/05, 7:36 pm


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