We represent residential landlords in Washington unlawful detainer (eviction) actions, guiding each matter from the initial notice through recovery of possession.
An unlawful detainer action is the legal process a landlord must use in Washington to recover possession of a rental property from a tenant who has failed to comply with a lease or a required notice. It cannot be resolved by simply changing the locks or removing a tenant's belongings — it must proceed through the courts. Below is an overview of how a typical residential unlawful detainer action proceeds.
The Unlawful Detainer Process
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Lease Review & Predicate Notice
We review the lease and prepare the notice required before an eviction lawsuit can be filed (for example, a notice to pay rent or vacate). The notice can be served by the landlord directly or through a commercial process server.
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Filing the Unlawful Detainer Action & Service of Process
If the tenant does not comply with the notice, we file the unlawful detainer complaint and summons with the court and arrange for the complaint and summons to be properly served on the tenant.
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Default Judgment (if the tenant does not respond)
If the tenant fails to appear or respond, we move the court for a default judgment, including a writ of restitution — the court order restoring possession of the property to the landlord.
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Show-Cause Hearing (if the tenant appears)
If the tenant appears or responds to the complaint, the matter proceeds to a show-cause hearing, where we ask the court to issue the writ of restitution and a money judgment, if applicable.
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Trial or Contested Hearing
Depending on the tenant's defense and evidence, the court may decline to issue the writ at the show-cause hearing and instead set the matter for trial or a contested hearing before a trial judge. We prepare and file the necessary briefing and appear on the client's behalf.
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Execution of the Writ
Once the writ of restitution is issued, we coordinate with the county sheriff's office to execute it, including addressing any necessary corrections to the issued writ, to restore possession of the property.
Negotiation & Settlement
At the client's direction, we can negotiate with the tenant toward a resolution — such as a voluntary move-out or a repayment plan — and prepare or review any resulting settlement documents. Settlement can be pursued at any stage of the process, and either side may raise or end settlement discussions at any time.
Beyond the Unlawful Detainer Action
Recovering possession of the property is separate from pursuing a tenant's unpaid rent or other monetary claims, or collecting on a money judgment already entered against a tenant. Clients who wish to pursue those claims after an eviction is complete will need to engage us separately for that additional legal work.