RCW 59.18.060 Landlord--Duties.
RCW 59.18.070 Landlord--Failure to perform duties--Notice from tenant--Contents--Time limits for landlord's remedial action.
RCW 59.18.075 Seizure of illegal drugs--Notification of landlord.
RCW 59.18.080 Payment of rent condition to exercising remedies--Exceptions.
RCW 59.18.085 Rental of condemned or unlawful dwelling-- Tenant's remedies.
RCW 59.18.090 Landlord's failure to remedy defective condition--Tenant's choice of actions.
RCW 59.18.100 Landlord's failure to carry out duties-- Repairs effected by tenant--Procedure--Deduction of cost from rent--Limitations.
RCW 59.18.110 Failure of landlord to carry out duties-- Determination by court or arbitrator--Judgment against landlord for diminished rental value and repair costs-- En0forcement of judgment--Reduction in rent under certain conditions.
RCW 59.18.115 Substandard and dangerous conditions-- Notice to landlord--Government certification--Escrow account.
RCW 59.18.130 Duties of tenant.
RCW 59.18.150 Landlord's right of entry--Purposes-- Conditions.
RCW 59.18.160 Landlord's remedies if tenant fails to remedy defective condition.
RCW 59.18.170 Landlord to give notice if tenant fails to carry out duties.
RCW 59.18.180 Tenant's failure to comply with statutory duties--Landlord to give tenant written notice of noncompliance--Landlord's remedies.
RCW 59.18.190 Notice to tenant to remedy nonconformance.
RCW 59.18.200 Tenancy from month to month or for rental period--Termination--Exclusion of children or conversion to condominium--Notice.
RCW 59.18.260 Moneys paid as deposit or security for performance by tenant--Written rental agreement to specify terms and conditions for retention by landlord--Written checklist required.
RCW 59.18.270 Moneys paid as deposit or security for performance by tenant--Deposit by landlord in trust account- -Receipt--Claims.
59.18.280 Moneys paid as deposit or security for performance by tenant--Statement and notice of basis for retention--Remedies for landlord's failure to make refund.
RCW 59.18.285 Nonrefundable fees not to be designated as deposit--Written rental agreement required.
RCW 59.18.300 Termination of tenant's utility services-- Tenant causing loss of landlord provided utility services.
RCW 59.18.310 Default in rent--Abandonment--Liability of tenant--Landlord's remedies--Sale of tenant's property by landlord.
RCW 59.18.312 Writ of restitution--Storage and sale of tenant's property--Use of proceeds from sale.
RCW 59.18.365 Unlawful detainer action--Summons--Form.
RCW 59.18.370 Forcible entry or detainer or unlawful detainer actions--Writ of restitution--Application--Order-- Hearing.
RCW 59.18.375 Forcible entry or detainer or unlawful detainer actions--Payment of rent into court registry--Writ of restitution--Notice.
RCW 59.18.380 Forcible entry or detainer or unlawful detainer actions--Writ of restitution--Answer--Order--Stay-- Bond.
RCW 59.18.390 Forcible entry or detainer or unlawful detainer actions--Writ of restitution--Service--Defendant's bond.
RCW 59.18.060 Landlord--Duties.
The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular:
(1) Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition substantially endangers or impairs the health or safety of the tenant;
(2) Maintain the roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural components in reasonably good repair so as to be usable and capable of resisting any and all normal forces and loads to which they may be subjected;
(3) Keep any shared or common areas reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident;
(4) Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single family residence, control infestation during tenancy except where such infestation is caused by the tenant;
(5) Except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as it by law or rental agreement should have been, at the commencement of the tenancy;
(6) Provide reasonably adequate locks and furnish keys to the tenant;
(7) Maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him in reasonably good working order;
(8) Maintain the dwelling unit in reasonably weathertight condition;
(9) Except in the case of a single family residence, provide and maintain appropriate receptacles in common areas for the removal of ashes, rubbish, and garbage, incidental to the occupancy and arrange for the reasonable and regular removal of such waste;
(10) Except where the building is not equipped for the purpose, provide facilities adequate to supply heat and water and hot water as reasonably required by the tenant;
(11) Provide a written notice to the tenant that the dwelling unit is equipped with a smoke detection device as required in RCW 48.48.140. The notice shall inform the tenant of the tenant's responsibility to maintain the smoke detection device in proper operating condition and of penalties for failure to comply with the provisions of RCW 48.48.140(3). The notice must be signed by the landlord or the landlord's authorized agent and tenant with copies provided to both parties.
(12) Designate to the tenant the name and address of the person who is the landlord by a statement on the rental agreement or by a notice conspicuously posted on the premises. The tenant shall be notified immediately of any changes by certified mail or by an updated posting. If the person designated in this section does not reside in the state where the premises are located, there shall also be designated a person who resides in the county who is authorized to act as an agent for the purposes of service of notices and process, and if no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered such agent.
No duty shall devolve upon the landlord to repair a defective condition under this section, nor shall any defense or remedy be available to the tenant under this chapter, where the defective condition complained of was caused by the conduct of such tenant, his family, invitee, or other person acting under his control, or where a tenant unreasonably fails to allow the landlord access to the property for purposes of repair. When the duty imposed by subsection (1) of this section is incompatible with and greater than the duty imposed by any other provisions of this section, the landlord's duty shall be determined pursuant to subsection (1) of this section.
RCW 59.18.070 Landlord--Failure to perform duties--Notice from tenant--Contents--Time limits for landlord's remedial action.
If at any time during the tenancy the landlord fails to carry out the duties required by RCW 59.18.060 or by the rental agreement, the tenant may, in addition to pursuit of remedies otherwise provided him by law, deliver written notice to the person designated in *RCW 59.18.060(11), or to the person who collects the rent, which notice shall specify the premises involved, the name of the owner, if known, and the nature of the defective condition. The landlord shall commence remedial action after receipt of such notice by the tenant as soon as possible but not later than the following time periods, except where circumstances are beyond the landlord's control:
(1) Not more than twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat, or electricity, or is imminently hazardous to life;
(2) Not more than seventy-two hours, where the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord; and
(3) Not more than ten days in all other cases. In each instance the burden shall be on the landlord to see that remedial work under this section is completed promptly. If completion is delayed due to circumstances beyond the landlord's control, including the unavailability of financing, the landlord shall remedy the defective condition as soon as possible.
RCW 59.18.075 Seizure of illegal drugs--Notification of landlord.
(1) Any law enforcement agency which seizes a legend drug pursuant to a violation of chapter 69.41 RCW, a controlled substance pursuant to a violation of chapter 69.50 RCW, or an imitation controlled substance pursuant to a violation of chapter 69.52 RCW, shall make a reasonable attempt to discover the identity of the landlord and shall notify the landlord in writing, at the last address listed in the property tax records and at any other address known to the law enforcement agency, of the seizure and the location of the seizure of the illegal drugs or substances.
(2) Any law enforcement agency which arrests a tenant for threatening another tenant with a firearm or other deadly weapon, or for some other unlawful use of a firearm or other deadly weapon on the rental premises, or for physically assaulting another person on the rental premises, shall make a reasonable attempt to discover the identity of the landlord and notify the landlord about the arrest in writing, at the last address listed in the property tax records and at any other address known to the law enforcement agency.
RCW 59.18.080 Payment of rent condition to exercising remedies--Exceptions.
The tenant shall be current in the payment of rent including all utilities which the tenant has agreed in the rental agreement to pay before exercising any of the remedies accorded him under the provisions of this chapter: PROVIDED, That this section shall not be construed as limiting the tenant's civil remedies for negligent or intentional damages: PROVIDED FURTHER, That this section shall not be construed as limiting the tenant's right in an unlawful detainer proceeding to raise the defense that there is no rent due and owing.
RCW 59.18.085 Rental of condemned or unlawful dwelling-- Tenant's remedies.
(1) If a governmental agency responsible for the enforcement of a building, housing, or other appropriate code has notified the landlord that a dwelling is condemned or unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, a landlord shall not enter into a rental agreement for the dwelling unit until the conditions are corrected.
(2) If a landlord knowingly violates subsection (1) of this section, the tenant shall recover either three months' periodic rent or up to treble the actual damages sustained as a result of the violation, whichever is greater, costs of suit, or arbitration and reasonable attorneys' fees. If the tenant elects to terminate the tenancy as a result of the conditions leading to the posting, or if the appropriate governmental agency requires that the tenant vacate the premises, the tenant also shall recover:
(a) The entire amount of any deposit prepaid by the
tenant; and
(b) All prepaid rent.
RCW 59.18.090 Landlord's failure to remedy defective condition--Tenant's choice of actions.
If, after receipt of written notice, and expiration of the applicable period of time, as provided in RCW 59.18.070, the landlord fails to remedy the defective condition within a reasonable time the tenant may:
(1) Terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement, in which case he shall be discharged from payment of rent for any period following the quitting date, and shall be entitled to a pro rata refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with RCW 59.18.280;
(2) Bring an action in an appropriate court, or at arbitration if so agreed, for any remedy provided under this chapter or otherwise provided by law; or
(3) Pursue other remedies available under this chapter.
RCW 59.18.100 Landlord's failure to carry out duties-- Repairs effected by tenant--Procedure--Deduction of cost from rent--Limitations.
(1) If at any time during the tenancy, the landlord fails to carry out any of the duties imposed by RCW 59.18.060, and notice of the defect is given to the landlord pursuant to RCW 59.18.070, the tenant may submit to the landlord or his designated agent by certified mail or in person a good faith estimate by the tenant of the cost to perform the repairs necessary to correct the defective condition if the repair is to be done by licensed or registered persons, or if no licensing or registration requirement applies to the type of work to be performed, the cost if the repair is to be done by responsible persons capable of performing such repairs. Such estimate may be submitted to the landlord at the same time as notice is given pursuant to RCW 59.18.070: PROVIDED, That the remedy provided in this section shall not be available for a landlord's failure to carry out the duties in *RCW 59.18.060 (9), and (11): PROVIDED FURTHER, That if the tenant utilizes this section for repairs pursuant to RCW 59.18.060(6), the tenant shall promptly provide the landlord with a key to any new or replaced locks. The amount the tenant may deduct from the rent may vary from the estimate, but cannot exceed the one-month limit as described in subsection (2) of this section.
(2) If the landlord fails to commence remedial action of the defective condition within the applicable time period after receipt of notice and the estimate from the tenant, the tenant may contract with a licensed or registered person, or with a responsible person capable of performing the repair if no license or registration is required, to make the repair, and upon the completion of the repair and an opportunity for inspection by the landlord or his designated agent, the tenant may deduct the cost of repair from the rent in an amount not to exceed the sum expressed in dollars representing one month's rental of the tenant's unit per repair: PROVIDED, That when the landlord must commence to remedy the defective condition within ten days as provided in RCW 59.18.070(3), the tenant cannot contract for repairs for ten days after notice or five days after the landlord receives the estimate, whichever is later: PROVIDED FURTHER, That the total costs of repairs deducted in any twelve-month period under this subsection shall not exceed the sum expressed in dollars representing two month's rental of the tenant's unit.
(3) If the landlord fails to carry out the duties imposed by RCW 59.18.060 within the applicable time period, and if the cost of repair does not exceed one-half month's rent, including the cost of materials and labor, which shall be computed at the prevailing rate in the community for the performance of such work, and if repair of the condition need not by law be performed only by licensed or registered persons, and if the tenant has given notice under RCW 59.18.070, although no estimate shall be necessary under this subsection, the tenant may repair the defective condition in a workmanlike manner and upon completion of the repair and an opportunity for inspection, the tenant may deduct the cost of repair from the rent: PROVIDED, That repairs under this subsection are limited to defects within the leased premises: PROVIDED FURTHER, That the cost per repair shall not exceed one-half month's rent of the unit and that the total costs of repairs deducted in any twelve- month period under this subsection shall not exceed one month's rent of the unit.
(4) The provisions of this section shall not: (a) Create a relationship of employer and employee between landlord and tenant; or
(b) Create liability under the workers' compensation act; or
(c) Constitute the tenant as an agent of the landlord for the purposes of **RCW 60.04.010 and 60.04.040.
(5) Any repair work performed under the provisions of this section shall comply with the requirements imposed by any applicable code, statute, ordinance, or regulation. A landlord whose property is damaged because of repairs performed in a negligent manner may recover the actual damages in an action against the tenant.
(6) Nothing in this section shall prevent the tenant from agreeing with the landlord to undertake the repairs himself in return for cash payment or a reasonable reduction in rent, the agreement thereof to be agreed upon between the parties, and such agreement does not alter the landlord's obligations under this chapter.
RCW 59.18.110 Failure of landlord to carry out duties-- Determination by court or arbitrator--Judgment against landlord for diminished rental value and repair costs-- Enforcement of judgment--Reduction in rent under certain conditions.
(1) If a court or an arbitrator determines that:
(a) A landlord has failed to carry out a duty or duties
imposed by RCW 59.18.060; and
(b) A reasonable time has passed for the landlord to
remedy the defective condition following notice to the
landlord in accordance with RCW 59.18.070 or such other time
as may be allotted by the court or arbitrator; the court or
arbitrator may determine the diminution in rental value of
the premises due to the defective condition and shall render
judgment against the landlord for the rent paid in excess of
such diminished rental value from the time of notice of such
defect to the time of decision and any costs of repair done
pursuant to RCW 59.18.100 for which no deduction has been
previously made. Such decisions may be enforced as other
judgments at law and shall be available to the tenant as a
set-off against any existing or subsequent claims of the
landlord.
The court or arbitrator may also authorize the tenant to make or contract to make further corrective repairs: PROVIDED, That the court specifies a time period in which the landlord may make such repairs before the tenant may commence or contract for such repairs: PROVIDED FURTHER, That such repairs shall not exceed the sum expressed in dollars representing one month's rental of the tenant's unit in any one calendar year.
(2) The tenant shall not be obligated to pay rent in excess of the diminished rental value of the premises until such defect or defects are corrected by the landlord or until the court or arbitrator determines otherwise.
RCW 59.18.115 Substandard and dangerous conditions-- Notice to landlord--Government certification--Escrow account.
(1) The legislature finds that some tenants live in
residences that are substandard and dangerous to their
health and safety and that the repair and deduct remedies of
RCW 59.18.100 may not be adequate to remedy substandard and
dangerous conditions. Therefore, an extraordinary remedy is
necessary if the conditions substantially endanger or impair
the health and safety of the tenant.
(2)(a) If a landlord fails to fulfill any substantial
obligation imposed by RCW 59.18.060 that substantially
endangers or impairs the health or safety of a tenant,
including (i) structural members that are of insufficient
size or strength to carry imposed loads with safety, (ii)
exposure of the occupants to the weather, (iii) plumbing and
sanitation defects that directly expose the occupants to the
risk of illness or injury, (iv) lack of water, including hot
water, (v) heating or ventilation systems that are not
functional or are hazardous, (vi) defective, hazardous, or
missing electrical wiring or electrical service, (vii)
defective or inadequate exits that increase the risk of
injury to occupants, and (viii) conditions that increase the
risk of fire, the tenant shall give notice in writing to the
landlord, specifying the conditions, acts, omissions, or
violations. Such notice shall be sent to the landlord or to
the person or place where rent is normally paid.
(b) If after receipt of the notice described in (a) of
this subsection the landlord fails to remedy the condition
or conditions within a reasonable amount of time under RCW
59.18.070, the tenant may request that the local government
provide for an inspection of the premises with regard to the
specific condition or conditions that exist as provided in
(a) of this subsection. The local government shall have the
appropriate government official, or may designate a public
or disinterested private person or company capable of
conducting the inspection and making the certification,
conduct an inspection of the specific condition or
conditions listed by the tenant, and shall not inspect nor
be liable for any other condition or conditions of the
premises. The purpose of this inspection is to verify, to
the best of the inspector's ability, whether the tenant's
listed condition or conditions exist and substantially
endanger the tenant's health or safety under (a) of this
subsection; the inspection is for the purposes of this
private civil remedy, and therefore shall not be related to
any other governmental function such as enforcement of any
code, ordinance, or state law.
(c) The local government or its designee, after
receiving the request from the tenant to conduct an
inspection under this section, shall conduct the inspection
and make any certification within a reasonable amount of
time not more than five days from the date of receipt of the
request. The local government or its designee may enter the
premises at any reasonable time to do the inspection,
provided that he or she first shall display proper
credentials and request entry. The local government or its
designee shall whenever practicable, taking into
consideration the imminence of any threat to the tenant's
health or safety, give the landlord at least twenty-four
hours notice of the date and time of inspection and provide
the landlord with an opportunity to be present at the time
of the inspection. The landlord shall have no power or
authority to prohibit entry for the inspection.
(d) The local government or its designee shall certify
whether the condition or the conditions specified by the
tenant do exist and do make the premises substantially unfit
for human habitation or can be a substantial risk to the
health and safety of the tenant as described in (a) of this
subsection. The certification shall be provided to the
tenant, and a copy shall be included by the tenant with the
notice sent to the landlord under subsection (3) of this
section. The certification may be appealed to the local
board of appeals, but the appeal shall not delay or preclude
the tenant from proceeding with the escrow under this
section.
(e) The tenant shall not be entitled to deposit rent in
escrow pursuant to this section unless the tenant first
makes a good faith determination that he or she is unable to
repair the conditions described in the certification issued
pursuant to subsection (2)(d) of this section through use of
the repair remedies authorized by RCW 59.18.100.
(f) If the local government or its designee certifies
that the condition or conditions specified by the tenant
exist, the tenant shall then either pay the periodic rent
due to the landlord or deposit all periodic rent then called
for in the rental agreement and all rent thereafter called
for in the rental agreement into an escrow account
maintained by a person authorized by law to set up and
maintain escrow accounts, including escrow companies under
chapter 18.44 RCW, financial institutions, or attorneys, or
with the clerk of the court of the district or superior
court where the property is located. These depositories are
hereinafter referred to as "escrow." The tenant shall
notify the landlord in writing of the deposit by mailing the
notice postage prepaid by first class mail or by delivering
the notice to the landlord promptly but not more than twenty-
four hours after the deposit.
(g) This section, when elected as a remedy by the
tenant by sending the notice under subsection (3) of this
section, shall be the exclusive remedy available to the
tenant regarding defects described in the certification
under subsection (2)(d) of this section: PROVIDED, That the
tenant may simultaneously commence or pursue an action in an
appropriate court, or at arbitration if so agreed, to
determine past, present, or future diminution in rental
value of the premises due to any defective conditions.
(3) The notice to the landlord of the rent escrow under
this section shall be a sworn statement by the tenant in
substantially the following form:
NOTICE TO LANDLORD OF RENT ESCROW
Name of tenant:
Name of landlord:
Name and address of escrow:
Date of deposit of rent into escrow:
Amount of rent deposited into escrow:
The following condition has been certified by a local building official to substantially endanger, impair, or affect the health or safety of a tenant: That written notice of the conditions needing repair was provided to the landlord on . . ., and . . . days have elapsed and the repairs have not been made.
............
(Sworn Signature)
(4) The escrow shall place all rent deposited in a
separate rent escrow account in the name of the escrow in a
bank or savings and loan association domiciled in this
state. The escrow shall keep in a separate docket an
account of each deposit, with the name and address of the
tenant, and the name and address of the landlord and of the
agent, if any.
(5)(a) A landlord who receives notice that the rent due
has been deposited with an escrow pursuant to subsection (2)
of this section may:
(i) Apply to the escrow for release of the funds after
the local government certifies that the repairs to the
conditions listed in the notice under subsection (3) of this
section have been properly repaired. The escrow shall
release the funds to the landlord less any escrow costs for
which the tenant is entitled to reimbursement pursuant to
this section, immediately upon written receipt of the local
government certification that the repairs to the conditions
listed in the notice under subsection (3) of this section
have been properly completed.
(ii) File an action with the court and apply to the
court for release of the rent on the grounds that the tenant
did not comply with the notice requirement of subsection (2)
or (3) of this section. Proceedings under this subsection
shall be governed by the time, service, and filing
requirements of RCW 59.18.370 regarding show cause hearings.
(iii) File an action with the court and apply to the
court for release of the rent on the grounds that there was
no violation of any obligation imposed upon the landlord or
that the condition has been remedied.
(iv) This action may be filed in any court having
jurisdiction, including small claims court. If the tenant
has vacated the premises or if the landlord has failed to
commence an action with the court for release of the funds
within sixty days after rent is deposited in escrow, the
tenant may file an action to determine how and when any rent
deposited in escrow shall be released or disbursed. The
landlord shall not commence an unlawful detainer action for
nonpayment of rent by serving or filing a summons and
complaint if the tenant initially pays the rent called for
in the rental agreement that is due into escrow as provided
for under this section on or before the date rent is due or
on or before the expiration of a three-day notice to pay
rent or vacate and continues to pay the rent into escrow as
the rent becomes due or prior to the expiration of a three-
day notice to pay rent or vacate; provided that the landlord
shall not be barred from commencing an unlawful detainer
action for nonpayment of rent if the amount of rent that is
paid into escrow is less than the amount of rent agreed upon
in the rental agreement between the parties.
(b) The tenant shall be named as a party to any action
filed by the landlord under this section, and shall have the
right to file an answer and counterclaim, although any
counterclaim shall be dismissed without prejudice if the
court or arbitrator determines that the tenant failed to
follow the notice requirements contained in this section.
Any counterclaim can only claim diminished rental value
related to conditions specified by the tenant in the notice
required under subsection (3) of this section. This
limitation on the tenant's right to counterclaim shall not
affect the tenant's right to bring his or her own separate
action. A trial shall be held within sixty days of the date
of filing of the landlord's or tenant's complaint.
(c) The tenant shall be entitled to reimbursement for
any escrow costs or fees incurred for setting up or
maintaining an escrow account pursuant to this section,
unless the tenant did not comply with the notice
requirements of subsection (2) or (3) of this section. Any
escrow fees that are incurred for which the tenant is
entitled to reimbursement shall be deducted from the rent
deposited in escrow and remitted to the tenant at such time
as any rent is released to the landlord. The prevailing
party in any court action or arbitration brought under this
section may also be awarded its costs and reasonable
attorneys' fees.
(d) If a court determines a diminished rental value of
the premises, the tenant may pay the rent due based on the
diminished value of the premises into escrow until the
landlord makes the necessary repairs.
(6)(a) If a landlord brings an action for the release
of rent deposited, the court may, upon application of the
landlord, release part of the rent on deposit for payment of
the debt service on the premises, the insurance premiums for
the premises, utility services, and repairs to the rental
unit.
(b) In determining whether to release rent for the
payments described in (a) of this subsection, the court
shall consider the amount of rent the landlord receives from
other rental units in the buildings of which the residential
premises are a part, the cost of operating those units, and
the costs which may be required to remedy the condition
contained in the notice. The court shall also consider
whether the expenses are due or have already been paid,
whether the landlord has other financial resources, or
whether the landlord or tenant will suffer irreparable
damage. The court may request the landlord to provide
additional security, such as a bond, prior to authorizing
release of any of the funds in escrow.
RCW 59.18.130 Duties of tenant.
Each tenant shall pay the rental amount at such times
and in such amounts as provided for in the rental agreement
or as otherwise provided by law and comply with all
obligations imposed upon tenants by applicable provisions of
all municipal, county, and state codes, statutes,
ordinances, and regulations, and in addition shall:
(1) Keep that part of the premises which he or she
occupies and uses as clean and sanitary as the conditions of
the premises permit;
(2) Properly dispose from his or her dwelling unit all
rubbish, garbage, and other organic or flammable waste, in a
clean and sanitary manner at reasonable and regular
intervals, and assume all costs of extermination and
fumigation for infestation caused by the tenant;
(3) Properly use and operate all electrical, gas,
heating, plumbing and other fixtures and appliances supplied
by the landlord;
(4) Not intentionally or negligently destroy, deface,
damage, impair, or remove any part of the structure or
dwelling, with the appurtenances thereto, including the
facilities, equipment, furniture, furnishings, and
appliances, or permit any member of his or her family,
invitee, licensee, or any person acting under his or her
control to do so. Violations may be prosecuted under
chapter 9A.48 RCW if the destruction is intentional and
malicious;
(5) Not permit a nuisance or common waste;
(6) Not engage in drug-related activity at the rental
premises, or allow a subtenant, sublessee, resident, or
anyone else to engage in drug-related activity at the rental
premises with the knowledge or consent of the tenant. "Drug-
related activity" means that activity which constitutes a
violation of chapter 69.41, 69.50, or 69.52 RCW;
(7) Maintain the smoke detection device in accordance
with the manufacturer's recommendations, including the
replacement of batteries where required for the proper
operation of the smoke detection device, as required in RCW
48.48.140(3);
(8) Not engage in any activity at the rental premises
that is:
(a) Imminently hazardous to the physical safety of
other persons on the premises; and
(b)(i) Entails physical assaults upon another person
which result in an arrest; or
(ii) Entails the unlawful use of a firearm or other
deadly weapon as defined in RCW 9A.04.110 which results in
an arrest, including threatening another tenant or the
landlord with a firearm or other deadly weapon under RCW
59.18.352. Nothing in this subsection (8) shall authorize
the termination of tenancy and eviction of the victim of a
physical assault or the victim of the use or threatened use
of a firearm or other deadly weapon; and
(9) Upon termination and vacation, restore the premises
to their initial condition except for reasonable wear and
tear or conditions caused by failure of the landlord to
comply with his or her obligations under this chapter:
PROVIDED, That the tenant shall not be charged for normal
cleaning if he or she has paid a nonrefundable cleaning fee.
RCW 59.18.150 Landlord's right of entry--Purposes-- Conditions.
(1) The tenant shall not unreasonably withhold consent
to the landlord to enter into the dwelling unit in order to
inspect the premises, make necessary or agreed repairs,
alterations, or improvements, supply necessary or agreed
services, or exhibit the dwelling unit to prospective or
actual purchasers, mortgagees, tenants, workers, or
contractors.
(2) The landlord may enter the dwelling unit without
consent of the tenant in case of emergency or abandonment.
(3) The landlord shall not abuse the right of access or
use it to harass the tenant. Except in the case of
emergency or if it is impracticable to do so, the landlord
shall give the tenant at least two days' notice of his or
her intent to enter and shall enter only at reasonable
times. The tenant shall not unreasonably withhold consent
to the landlord to enter the dwelling unit at a specified
time where the landlord has given at least one day's notice
of intent to enter to exhibit the dwelling unit to
prospective or actual purchasers or tenants. A landlord
shall not unreasonably interfere with a tenant's enjoyment
of the rented dwelling unit by excessively exhibiting the
dwelling unit.
(4) The landlord has no other right of access except by
court order, arbitrator or by consent of the tenant.
(5) A landlord or tenant who continues to violate this
section after being served with one written notification
alleging in good faith violations of this section listing
the date and time of the violation shall be liable for up to
one hundred dollars for each violation after receipt of the
notice. The prevailing party may recover costs of the suit
or arbitration under this section, and may also recover
reasonable attorneys' fees.
RCW 59.18.160 Landlord's remedies if tenant fails to remedy defective condition.
If, after receipt of written notice, as provided in RCW
59.18.170, the tenant fails to remedy the defective
condition within a reasonable time, the landlord may:
(1) Bring an action in an appropriate court, or at
arbitration if so agreed for any remedy provided under this
chapter or otherwise provided by law; or
(2) Pursue other remedies available under this chapter.
RCW 59.18.170 Landlord to give notice if tenant fails to carry out duties.
If at any time during the tenancy the tenant fails to carry out the duties required by RCW 59.18.130 or 59.18.140, the landlord may, in addition to pursuit of remedies otherwise provided by law, give written notice to the tenant of said failure, which notice shall specify the nature of the failure.
RCW 59.18.180 Tenant's failure to comply with statutory duties--Landlord to give tenant written notice of noncompliance--Landlord's remedies.
If the tenant fails to comply with any portion of RCW 59.18.130 or 59.18.140, and such noncompliance can substantially affect the health and safety of the tenant or other tenants, or substantially increase the hazards of fire or accident that can be remedied by repair, replacement of a damaged item, or cleaning, the tenant shall comply within thirty days after written notice by the landlord specifying the noncompliance, or, in the case of emergency as promptly as conditions require. If the tenant fails to remedy the noncompliance within that period the landlord may enter the dwelling unit and cause the work to be done and submit an itemized bill of the actual and reasonable cost of repair, to be payable on the next date when periodic rent is due, or on terms mutually agreed to by the landlord and tenant, or immediately if the rental agreement has terminated. Any substantial noncompliance by the tenant of RCW 59.18.130 or 59.18.140 shall constitute a ground for commencing an action in unlawful detainer in accordance with the provisions of chapter 59.12 RCW, and a landlord may commence such action at any time after written notice pursuant to such chapter.
The tenant shall have a defense to an unlawful detainer action filed solely on this ground if it is determined at the hearing authorized under the provisions of chapter 59.12 RCW that the tenant is in substantial compliance with the provisions of this section, or if the tenant remedies the noncomplying condition within the thirty day period provided for above or any shorter period determined at the hearing to have been required because of an emergency: PROVIDED, That if the defective condition is remedied after the commencement of an unlawful detainer action, the tenant may be liable to the landlord for statutory costs and reasonable attorney's fees.
If drug-related activity is alleged to be a basis for termination of tenancy under RCW 59.18.130(6), 59.12.030(5), or 59.20.140(5), the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action.
If activity on the premises that creates an imminent hazard to the physical safety of other persons on the premises as defined in RCW 59.18.130(8) is alleged to be the basis for termination of the tenancy, and the tenant is arrested as a result of this activity, then the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action against the tenant who was arrested for this activity.
A landlord may not be held liable in any cause of action for bringing an unlawful detainer action against a tenant for drug-related activity or for creating an imminent hazard to the physical safety of others under this section, if the unlawful detainer action was brought in good faith. Nothing in this section shall affect a landlord's liability under RCW 59.18.380 to pay all damages sustained by the tenant should the writ of restitution be wrongfully sued out.
RCW 59.18.190 Notice to tenant to remedy nonconformance.
Whenever the landlord learns of a breach of RCW 59.18.130 or has accepted performance by the tenant which is at variance with the terms of the rental agreement or rules enforceable after the commencement of the tenancy, he may immediately give notice to the tenant to remedy the nonconformance. Said notice shall expire after sixty days unless the landlord pursues any remedy under this chapter.
RCW 59.18.200 Tenancy from month to month or for rental period--Termination--Exclusion of children or conversion to condominium--Notice.
(1) When premises are rented for an indefinite time,
with monthly or other periodic rent reserved, such tenancy
shall be construed to be a tenancy from month to month, or
from period to period on which rent is payable, and shall be
terminated by written notice of twenty days or more,
preceding the end of any of said months or periods, given by
either party to the other.
(2) Whenever a landlord plans to change any apartment
or apartments to a condominium form of ownership or plans to
change to a policy of excluding children, the landlord shall
give a written notice to a tenant at least ninety days
before termination of the tenancy to effectuate such change
in policy. Such ninety-day notice shall be in lieu of the
notice required by subsection (1) of this section:
PROVIDED, That if after giving the ninety-day notice the
change in policy is delayed, the notice requirements of
subsection (1) of this section shall apply unless waived by
the tenant.
RCW 59.18.260 Moneys paid as deposit or security for performance by tenant--Written rental agreement to specify terms and conditions for retention by landlord--Written checklist required.
If any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a lease or rental agreement, the lease or rental agreement shall be in writing and shall include the terms and conditions under which the deposit or portion thereof may be withheld by the landlord upon termination of the lease or rental agreement. If all or part of the deposit may be withheld to indemnify the landlord for damages to the premises for which the tenant is responsible, the rental agreement shall be in writing and shall so specify. No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the commencement of the tenancy. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement. No such deposit shall be withheld on account of normal wear and tear resulting from ordinary use of the premises.
RCW 59.18.270 Moneys paid as deposit or security for performance by tenant--Deposit by landlord in trust account- -Receipt--Claims.
All moneys paid to the landlord by the tenant as a deposit as security for performance of the tenant's obligations in a lease or rental agreement shall promptly be deposited by the landlord in a trust account, maintained by the landlord for the purpose of holding such security deposits for tenants of the landlord, in a bank, savings and loan association, mutual savings bank, or licensed escrow agent located in Washington. Unless otherwise agreed in writing, the landlord shall be entitled to receipt of interest paid on such trust account deposits. The landlord shall provide the tenant with a written receipt for the deposit and shall provide written notice of the name and address and location of the depository and any subsequent change thereof. If during a tenancy the status of landlord is transferred to another, any sums in the deposit trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of the successor landlord, and the successor landlord shall promptly notify the tenant of the transfer and of the name, address and location of the new depository. The tenant's claim to any moneys paid under this section shall be prior to that of any creditor of the landlord, including a trustee in bankruptcy or receiver, even if such moneys are commingled.
RCW 59.18.280 Moneys paid as deposit or security for performance by tenant--Statement and notice of basis for retention--Remedies for landlord's failure to make refund.
Within fourteen days after the termination of the rental agreement and vacation of the premises or, if the tenant abandons the premises as defined in RCW 59.18.310, within fourteen days after the landlord learns of the abandonment, the landlord shall give a full and specific statement of the basis for retaining any of the deposit together with the payment of any refund due the tenant under the terms and conditions of the rental agreement. No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises. The landlord complies with this section if the required statement or payment, or both, are deposited in the United States mail properly addressed with first class postage prepaid within the fourteen days.
The notice shall be delivered to the tenant personally or by mail to his last known address. If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above he shall be liable to the tenant for the full amount of the deposit. The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the deposit unless the landlord shows that circumstances beyond the landlord's control prevented the landlord from providing the statement within the fourteen days or that the tenant abandoned the premises as defined in RCW 59.18.310. The court may in its discretion award up to two times the amount of the deposit for the intentional refusal of the landlord to give the statement or refund due. In any action brought by the tenant to recover the deposit, the prevailing party shall additionally be entitled to the cost of suit or arbitration including a reasonable attorney's fee.
Nothing in this chapter shall preclude the landlord from proceeding against, and the landlord shall have the right to proceed against a tenant to recover sums exceeding the amount of the tenant's damage or security deposit for damage to the property for which the tenant is responsible together with reasonable attorney's fees.
RCW 59.18.285 Nonrefundable fees not to be designated as deposit--Written rental agreement required.
No moneys paid to the landlord which are nonrefundable may be designated as a deposit or as part of any deposit. If any moneys are paid to the landlord as a nonrefundable fee, the rental agreement shall be in writing and shall clearly specify that the fee is nonrefundable.
RCW 59.18.300 Termination of tenant's utility services-- Tenant causing loss of landlord provided utility services.
It shall be unlawful for a landlord to intentionally cause termination of any of his tenant's utility services, including water, heat, electricity, or gas, except for an interruption of utility services for a reasonable time in order to make necessary repairs. Any landlord who violates this section may be liable to such tenant for his actual damages sustained by him, and up to one hundred dollars for each day or part thereof the tenant is thereby deprived of any utility service, and the prevailing party may recover his costs of suit or arbitration and a reasonable attorney's fee. It shall be unlawful for a tenant to intentionally cause the loss of utility services provided by the landlord, including water, heat, electricity or gas, excepting as resulting from the normal occupancy of the premises.
RCW 59.18.310 Default in rent--Abandonment--Liability of tenant--Landlord's remedies--Sale of tenant's property by landlord.
If the tenant defaults in the payment of rent and
reasonably indicates by words or actions the intention not
to resume tenancy, the tenant shall be liable for the
following for such abandonment: PROVIDED, That upon
learning of such abandonment of the premises the landlord
shall make a reasonable effort to mitigate the damages
resulting from such abandonment:
(1) When the tenancy is month-to-month, the tenant
shall be liable for the rent for the thirty days following
either the date the landlord learns of the abandonment, or
the date the next regular rental payment would have become
due, whichever first occurs.
(2) When the tenancy is for a term greater than month-
to- month, the tenant shall be liable for the lesser of the
following:
(a) The entire rent due for the remainder of the term;
or (b) All rent accrued during the period reasonably
necessary to rerent the premises at a fair rental, plus the
difference between such fair rental and the rent agreed to
in the prior agreement, plus actual costs incurred by the
landlord in rerenting the premises together with statutory
court costs and reasonable attorney's fees.
In the event of such abandonment of tenancy and an accompanying default in the payment of rent by the tenant, the landlord may immediately enter and take possession of any property of the tenant found on the premises and may store the same in any reasonably secure place. A landlord shall make reasonable efforts to provide the tenant with a notice containing the name and address of the landlord and the place where the property is stored and informing the tenant that a sale or disposition of the property shall take place pursuant to this section, and the date of the sale or disposal, and further informing the tenant of the right under RCW 59.18.230 to have the property returned prior to its sale or disposal. The landlord's efforts at notice under this subsection shall be satisfied by the mailing by first class mail, postage prepaid, of such notice to the tenant's last known address and to any other address provided in writing by the tenant or actually known to the landlord where the tenant might receive the notice. The landlord shall return the property to the tenant after the tenant has paid the actual or reasonable drayage and storage costs whichever is less if the tenant makes a written request for the return of the property before the landlord has sold or disposed of the property. After forty-five days from the date the notice of such sale or disposal is mailed or personally delivered to the tenant, the landlord may sell or dispose of such property, including personal papers, family pictures, and keepsakes. The landlord may apply any income derived therefrom against moneys due the landlord, including actual or reasonable costs whichever is less of drayage and storage of the property. If the property has a cumulative value of fifty dollars or less, the landlord may sell or dispose of the property in the manner provided in this section, except for personal papers, family pictures, and keepsakes, after seven days from the date the notice of sale or disposal is mailed or personally delivered to the tenant: PROVIDED, That the landlord shall make reasonable efforts, as defined in this section, to notify the tenant. Any excess income derived from the sale of such property under this section shall be held by the landlord for the benefit of the tenant for a period of one year from the date of sale, and if no claim is made or action commenced by the tenant for the recovery thereof prior to the expiration of that period of time, the balance shall be the property of the landlord, including any interest paid on the income.
RCW 59.18.312 Writ of restitution--Storage and sale of tenant's property--Use of proceeds from sale.
(1) A landlord may, upon the execution of a writ of
restitution by the sheriff, enter and take possession of any
property of the tenant found on the premises and store the
property in any reasonably secure place. If, however, the
tenant or the tenant's representative objects to the storage
of the property, the property shall be deposited upon the
nearest public property and may not be moved and stored by
the landlord. If the tenant is not present at the time the
writ of restitution is executed, it shall be presumed that
the tenant does not object to the storage of the property as
provided in this section. RCW 59.18.310 shall apply to the
moving and storage of a tenant's property when the premises
are abandoned by the tenant.
(2) Property moved and stored under this section shall
be returned to the tenant after the tenant has paid the
actual or reasonable drayage and storage costs, whichever is
less, or until it is sold or disposed of by the landlord in
accordance with subsection (3) of this section.
(3) Prior to the sale or disposal of property stored
pursuant to this section with a cumulative value of over
fifty dollars, the landlord shall notify the tenant of the
pending sale or disposal. After forty-five days from the
date the notice of the sale or disposal is mailed or
personally delivered to the tenant, the landlord may sell or
dispose of the property, including personal papers, family
pictures, and keepsakes.
If the property that is being stored has a cumulative value of fifty dollars or less, then the landlord may sell or dispose of the property in the manner provided in this section, except for personal papers, family pictures, and keepsakes. Prior to the sale or disposal of property stored pursuant to this section with a cumulative value of fifty dollars or less, the landlord shall notify the tenant of the pending sale or disposal. The notice shall either be mailed or personally delivered to the tenant. After seven days from the date the notice is mailed or delivered to the tenant, the landlord may sell or dispose of the property.
The landlord may apply any income derived from the sale of the tenant's property against moneys due the landlord for drayage and storage of the property. The amount of sale proceeds that the landlord may apply towards such costs may not exceed the actual or reasonable costs for drayage and storage of the property, whichever is less. Any excess income derived from the sale of such property shall be held by the landlord for the benefit of the tenant for a period of one year from the date of the sale. If no claim is made or action commenced by the tenant for the recovery of the excess income prior to the expiration of that period of time, then the balance shall be treated as abandoned property and deposited by the landlord with the department of revenue pursuant to chapter 63.29 RCW.
(4) Nothing in this section shall be construed as
creating a right of distress for rent.
(5) When serving a tenant with a writ of restitution
pursuant to RCW 59.12.100 and 59.18.410, the sheriff shall
provide written notice to the tenant that: (a) Upon
execution of the writ, the landlord may store the tenant's
property; (b) if the property is stored, it may not be
returned to the tenant unless the tenant pays the actual or
reasonable costs of drayage and storage, whichever is less;
(c) if the tenant objects to storage of the property, it
will not be stored but will be placed on the nearest public
property; and (d) if the tenant is not present at the time
of the execution of the writ, it shall be presumed the
tenant does not object to storage of the property.
RCW 59.18.365 Unlawful detainer action--Summons--Form.
The summons for unlawful detainer actions for tenancies covered by this chapter shall be substantially in the following form. In unlawful detainer actions based on nonpayment of rent, the summons may contain the provisions authorized by RCW 59.18.375.
Plaintiff, NO.
vs. EVICTION SUMMONS
(Residential)
Defendant.
THIS IS NOTICE OF A LAWSUIT TO EVICT YOU.
TO: .......... (Name)
.......... (Address)
This is notice of a lawsuit to evict you from the property which you are renting. Your landlord is asking the court to terminate your tenancy, direct the sheriff to remove you and your belongings from the property, enter a money judgment against you for unpaid rent and/or damages for your use of the property, and for court costs and attorneys' fees.
If you want to defend yourself in this lawsuit, you must respond to the eviction complaint in writing on or before the deadline stated above. You must respond in writing even if no case number has been assigned by the court yet.
You can respond to the complaint in writing by delivering a copy of a notice of appearance or answer to your landlord's attorney (or your landlord if there is no attorney) to be received no later than the deadline stated above.
The notice of appearance or answer must include the name of this case (plaintiff(s) and defendant(s)), your name, the street address where further legal papers may be sent, your telephone number (if any), and your signature.
If there is a number on the upper right side of the eviction summons and complaint, you must also file your original notice of appearance or answer with the court clerk by the deadline for your written response.
You may demand that the plaintiff file this lawsuit with the court. If you do so, the demand must be in writing and must be served upon the person signing the summons. Within fourteen days after you serve the demand, the plaintiff must file this lawsuit with the court, or the service on you of this summons and complaint will be void.
If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time.
You may also be instructed in a separate order to appear for a court hearing on your eviction. If you receive an order to show cause you must personally appear at the hearing on the date indicated in the order to show cause in addition to delivering and filing your notice of appearance or answer by the deadline stated above.
The notice of appearance or answer must be delivered to:
Name ................................................
Address .............................................
Telephone Number.....................................
RCW 59.18.370 Forcible entry or detainer or unlawful detainer actions--Writ of restitution--Application--Order-- Hearing.
The plaintiff, at the time of commencing an action of forcible entry or detainer or unlawful detainer, or at any time afterwards, upon filing the complaint, may apply to the superior court in which the action is pending for an order directing the defendant to appear and show cause, if any he has, why a writ of restitution should not issue restoring to the plaintiff possession of the property in the complaint described, and the judge shall by order fix a time and place for a hearing of said motion, which shall not be less than six nor more than twelve days from the date of service of said order upon defendant. A copy of said order, together with a copy of the summons and complaint if not previously served upon the defendant, shall be served upon the defendant. Said order shall notify the defendant that if he fails to appear and show cause at the time and place specified by the order the court may order the sheriff to restore possession of the property to the plaintiff and may grant such other relief as may be prayed for in the complaint and provided by this chapter.
RCW 59.18.375 Forcible entry or detainer or unlawful detainer actions--Payment of rent into court registry--Writ of restitution--Notice.
(1) The remedies provided by this section are in
addition to other remedies provided by this chapter.
(2) In an action of forcible entry, detainer, or
unlawful detainer, commenced under this chapter which is
based upon nonpayment of rent as provided in RCW
59.12.030(3), the defendant shall pay into the court
registry the amount alleged due in the complaint and
continue to pay into the court registry the monthly rent as
it becomes due under the terms of the rental agreement while
the action is pending. If the defendant submits to the
court a written statement signed and sworn under penalty of
perjury denying that the rent alleged due in the complaint
is owing based upon a legal or equitable defense or set-off
arising out of the tenancy, such payment shall not be
required.
(3) A defendant must comply with subsection (2) of this
section within seven days after completed service of a filed
summons and complaint or, in the case of service of an
unfiled summons and complaint, seven days after delivering
written notice to the defendant, in the manner provided in
RCW 59.12.040, advising the defendant of the date of filing,
the cause number for the action, and the date by which the
defendant must comply with this section to avoid the
immediate issuance of a writ of restitution. Failure of the
defendant to comply with this section shall be grounds for
the immediate issuance of a writ of restitution without bond
directing the sheriff to deliver possession of the premises
to the plaintiff. Issuance of a writ of restitution under
this section shall not affect the defendant's right to a
hearing to contest the amount of rent alleged to be due.
(4) The defendant shall send written notice that the
rent has been paid into the court registry or send a copy of
the sworn statement referred to in subsection (2) of this
section to the address of the person whose name is signed on
the unlawful detainer summons.
(5) Before applying to the court for a writ of
restitution under this section, the plaintiff must check
with the clerk of the court to determine if the defendant
has complied with subsection (2) of this section.
(6) If the plaintiff intends to use the procedures in
this section, the summons must contain notice to the
defendant of the payment requirements of this section and be
substantially in the following form:
This unlawful detainer action is based upon nonpayment of rent in an amount alleged to be $. . . . . . The plaintiff is entitled to an order from the court directing the sheriff to evict you without a hearing unless you pay into the court registry the amount of delinquent rent alleged to be due in the complaint and continue paying into the court registry the monthly rent as it becomes due while this lawsuit is pending. If you deny that you owe the rent claimed to be due and you do not want to be evicted immediately without a hearing, you must file with the clerk of the court a written statement signed and sworn under penalty of perjury setting forth why you do not owe the amount claimed in the complaint to be due. The sworn statement must be filed IN ADDITION TO your written answer to the complaint.
Payment or the sworn statement must be submitted to the clerk of the superior court within seven days after you have been served with this summons or, if the summons has not yet been filed, within seven days after service of written notice that the lawsuit has been filed.
This complaint:
( ) is filed with the superior court; ( ) is not filed. The plaintiff must notify you in writing when it is filed.
If you intend to contest this action, you must also file a written answer as indicated above on this summons.
RCW 59.18.380 Forcible entry or detainer or unlawful detainer actions--Writ of restitution--Answer--Order--Stay-- Bond.
At the time and place fixed for the hearing of plaintiff's motion for a writ of restitution, the defendant, or any person in possession or claiming possession of the property, may answer, orally or in writing, and assert any legal or equitable defense or set-off arising out of the tenancy. If the answer is oral the substance thereof shall be endorsed on the complaint by the court. The court shall examine the parties and witnesses orally to ascertain the merits of the complaint and answer, and if it shall appear that the plaintiff has the right to be restored to possession of the property, the court shall enter an order directing the issuance of a writ of restitution, returnable ten days after its date, restoring to the plaintiff possession of the property and if it shall appear to the court that there is no substantial issue of material fact of the right of the plaintiff to be granted other relief as prayed for in the complaint and provided for in this chapter, the court may enter an order and judgment granting so much of such relief as may be sustained by the proof, and the court may grant such other relief as may be prayed for in the plaintiff's complaint and provided for in this chapter, then the court shall enter an order denying any relief sought by the plaintiff for which the court has determined that the plaintiff has no right as a matter of law: PROVIDED, That within three days after the service of the writ of restitution the defendant, or person in possession of the property, may, in any action for the recovery of possession of the property for failure to pay rent, stay the execution of the writ pending final judgment by paying into court or to the plaintiff, as the court directs, all rent found to be due and all the costs of the action, and in addition by paying, on a monthly basis pending final judgment, an amount equal to the monthly rent called for by the lease or rental agreement at the time the complaint was filed: PROVIDED FURTHER, That before any writ shall issue prior to final judgment the plaintiff shall execute to the defendant and file in the court a bond in such sum as the court may order, with sufficient surety to be approved by the clerk, conditioned that the plaintiff will prosecute his action without delay, and will pay all costs that may be adjudged to the defendant, and all damages which he may sustain by reason of the writ of restitution having been issued, should the same be wrongfully sued out. The court shall also enter an order directing the parties to proceed to trial on the complaint and answer in the usual manner.
If it appears to the court that the plaintiff should not be restored to possession of the property, the court shall deny plaintiff's motion for a writ of restitution and enter an order directing the parties to proceed to trial within thirty days on the complaint and answer. If it appears to the court that there is a substantial issue of material fact as to whether or not the plaintiff is entitled to other relief as is prayed for in plaintiff's complaint and provided for in this chapter, or that there is a genuine issue of a material fact pertaining to a legal or equitable defense or set-off raised in the defendant's answer, the court shall grant or deny so much of plaintiff's other relief sought and so much of defendant's defenses or set-off claimed, as may be proper.
RCW 59.18.390 Forcible entry or detainer or unlawful detainer actions--Writ of restitution--Service--Defendant's bond.
The sheriff shall, upon receiving the writ of restitution, forthwith serve a copy thereof upon the defendant, his agent, or attorney, or a person in possession of the premises, and shall not execute the same for three days thereafter, and the defendant, or person in possession of the premises within three days after the service of the writ of restitution may execute to the plaintiff a bond to be filed with and approved by the clerk of the court in such sum as may be fixed by the judge, with sufficient surety to be approved by the clerk of said court, conditioned that they will pay to the plaintiff such sum as the plaintiff may recover for the use and occupation of the said premises, or any rent found due, together with all damages the plaintiff may sustain by reason of the defendant occupying or keeping possession of said premises, together with all damages which the court theretofore has awarded to the plaintiff as provided in this chapter, and also all the costs of the action. The plaintiff, his agent or attorneys, shall have notice of the time and place where the court or judge thereof shall fix the amount of the defendant's bond, and shall have notice and a reasonable opportunity to examine into the qualification and sufficiency of the sureties upon said bond before said bond shall be approved by the clerk. If the writ of restitution has been based upon a finding by the court that the tenant, subtenant, sublessee, or a person residing at the rental premises has engaged in drug-related activity or has allowed any other person to engage in drug- related activity at those premises with his or her knowledge or approval, neither the tenant, the defendant, nor a person in possession of the premises shall be entitled to post a bond in order to retain possession of the premises. The writ may be served by the sheriff, in the event he shall be unable to find the defendant, an agent or attorney, or a person in possession of the premises, by affixing a copy of said writ in a conspicuous place upon the premises: PROVIDED, That the sheriff shall not require any bond for the service or execution of the writ. The sheriff shall be immune from all civil liability for serving and enforcing writs of restitution unless the sheriff is grossly negligent in carrying out his or her duty.