1	The Eviction Process
2	What is eviction? Eviction, also called an unlawful detainer action or UDA, is a legal process in which the landlord asks the court to issue a writ of restitution ordering the Sheriff to restore possession of the property to the landlord by physically removing the tenant.
3	How can my landlord evict me? In order to begin the process of eviction, your landlord must first give you a written notice to end (terminate) your tenancy. (IMPORTANT NOTE -- The eviction process may also be started by your landlord WITHOUT any kind of notice following the expiration of a lease or rental agreement which specifies a term.)
4	Why would I receive a notice? You could receive an eviction notice for many reasons. Notices you may receive from your landlord can include: 3-day (if you owe rent) 3-day (if you have caused a ‘waste or nuisance’) 10-day (for a breach of your rental agreement) 20-day (no reason needed for month-to-month tenants).
5	What does the notice look like and how is it delivered? A Notice to Terminate Tenancy does not need to be in any particular form, and does not need to be notarized. The notice must be delivered to you personally. If this is done successfully, the notice does not need to be mailed or posted. If the notice cannot be delivered to you personally, it may be given to someone else of suitable age who is there, or posted in an obvious place (usually on the front door) if no one is home. In these cases, a copy of the notice must also be mailed to you by regular mail. The notice can be delivered by any adult, including the landlord or a property manager; it does not need to be delivered by the police or a professional process server in order to be a valid notice.
6	Will I be automatically evicted when the notice expires in 3, 10 or 20 days? NO! Even if you owe rent, don’t assume there is nothing you can do just because you’ve received a notice from your landlord. Although evictions can move swiftly, there is still time to get advice and help. If you have received a notice, this means your landlord is either notifying you of a problem (3 or 10-day notice), or giving you legal notice that he/she wants you to move out (20-day notice). Depending upon the type of problem and type of notice, you will have an opportunity to either fix the problem within the notice period before the eviction process is started, move out, or defend yourself in court once the legal process of eviction has begun. You cannot be legally physically evicted without a court order (Writ of Restitution).
7	What will happen if I ignore the notice? If you ignore a notice from your landlord, you could be evicted and have difficulty renting another place because you will have an eviction on your record. If you ignore a notice and live in public or subsidized housing, an eviction could cause you to lose your voucher or your public housing unit. DO NOT IGNORE ANY KIND OF NOTICE YOU RECEIVE FROM YOUR LANDLORD! The consequences could be very serious. If you have received a notice and need advice about what to do, use the resources listed at the end of this presentation to get help. It is much better to get help BEFORE an Unlawful Detainer Action is started.
8	How does the eviction process start? Once the notice period has expired, if you have not corrected (cured) the problem stated in the notice or moved out, you must be served with two documents, a Summons and Complaint for Unlawful Detainer, in order to start the eviction process. The Summons tells you that a lawsuit has been started against you, and gives you a deadline to respond. The Complaint tells you why you have been sued, so you will know how to respond. For example, if you have received a 3-day notice to pay rent or vacate and have not tendered the rent (attempted to deliver the rent in the form of cash or check to the landlord) in the 3-day period and you are still in the unit, the landlord can start the eviction process by having you served with a Summons and Complaint. Personal service must be used to deliver the Summons & Complaint (unlike the notice, the landlord cannot give these documents to you him/herself, mail them without a court order, or post them). These documents may or may not be filed with the court at the time they are served.
9	What should I do first if I’m served with a Summons & Complaint? SEEK HELP IMMEDIATELY from CLEAR (1-888-201-1014) or the Housing Justice Project (253-572-5134). You must respond to the Summons and Complaint in writing even if it has not been filed with the courts. The landlord is not legally required to file the paperwork with the court before serving you. You should immediately seek legal advice on how to respond. Evictions move very quickly and can take as little as two to three weeks from when you were initially served with the Summons and Complaint. DO NOT WAIT TO GET LEGAL HELP!
10	How do I respond to a Summons and Complaint? You must respond in writing to the landlord or to his/her attorney as shown on the summons by the date on the summons. Instructions for responding are contained in the Summons. The date given for your response must be at least 7 calendar days from the date the Summons and Complaint were served on you. The forms you will need to respond are a Notice of Appearance and an Answer. The Notice of Appearance should be done as soon as possible and can be delivered by the deadline without the Answer if necessary to give you more time to complete the Answer.
11	Where can I get the forms and instructions for my response? The Pierce County Law Library, located at 930 Tacoma Avenue S. on the first floor of the County-City Building, has forms and instructions, as well as Internet access. On the Internet, go to www.washingtonlawhelp.org, choose the ‘Housing’ button and look for ‘Eviction and Your Defense’ to find the forms and instructions to help you with your response. You can also download the Notice of Appearance and Answer forms at www.tacomaprobono.org/hjplinks.html. This page also has links to washingtonlawhelp and other useful sites.
12	What’s the difference between the Notice of Appearance and the Answer? The Notice of Appearance simply states that you are ‘appearing’ in the case. If you serve a Notice of Appearance by the deadline, the court cannot order a default judgment against you before you have delivered your Answer, and must notify you of any hearings. If you are representing yourself, you are appearing pro se and should give your own name and address in the notice. The Answer can be served with the Notice of Appearance, or later. This is your response to what is stated in the complaint. In your Answer, you will admit or deny the truth of each statement in the Complaint (if you don’t know, the statement should be considered denied), state your version of the case (affirmative defenses), and ask for what you want (relief). The Answer should not become a long document. It does not need to be typed, but must be legible. Keep your statements short, clear and to the point.
13	Are there any defenses to eviction I can use in my response? There are a number of possible defenses to an Unlawful Detainer Action, depending upon your situation. Some of these are listed on the next slide. You should get legal advice as soon as possible to determine whether one or more of these or another possible defense may apply in your case. This list is not complete, is not a substitute for legal advice, and does not cover all possible situations. It is provided to give you a general idea of commonly used affirmative defenses which may apply in your case, and to suggest some of the things an attorney may ask you about when giving you advice about your response. When you call CLEAR or see a Housing Justice Project attorney in Tacoma, use this list to check your facts, examine the documents you’ve received, and be prepared to get the best advice possible.
14	Some possible defenses to eviction: Insufficient notice, lack of notice, insufficient service of notice You tendered the rent, cured the lease violation or moved out before the end of the notice period The landlord accepted rent from you after you were served with the Summons & Complaint Your rental agreement provides for a longer notice period than you received Appropriate time was not given in the Summons for your response Landlord’s attorney did not provide a fax number for service of response Improper service of Summons & Complaint Form and/or content of Summons & Complaint was not complete or correct You received a notice after requesting repairs or reporting unmade repairs or unsafe conditions to a city or county authority You have a setoff claim for the cost of repairs you made Part of the unit was uninhabitable You received a notice after the landlord learned that you were disabled, had a minority partner, etc.
15	Who needs to get copies of my response? If the case has not been filed, you must still respond by the deadline and serve a copy either on the landlord or their attorney, as specified in the Summons. If the case is filed, you must file your original response with the Court Clerk and serve a copy on the landlord or the landlord’s attorney as specified in the Summons. Be sure to keep a copy for yourself. If the landlord is represented by an attorney, legal papers are served on the attorney. Attorneys must accept response paperwork by fax; if the attorney does not accept your answer by fax you will have an automatic defense to the eviction. PLEASE NOTE: the landlord’s attorney cannot give you legal advice.
16	How do I properly serve my response? It is always best to serve your response using what is called personal service, so if any disputes arise later you will have proof of when, how, and by whom service was completed. Personal service CANNOT BE DONE BY YOU. Your response paperwork should be delivered to the landlord or landlord’s attorney by another person over the age of 18. This can also be done (for a fee) by a professional process server or by the County Sheriff. The person who serves the documents should also sign a Return of Service stating which documents were served, how and when they were served and who served them. Keep a copy of the Return of service and file the original with the Clerk’s Office if/when the case is filed. If you are not able to use personal service to deliver your response to the landlord’s attorney, it is legal in an unlawful detainer action to serve the landlord’s attorney by fax. If the landlord’s attorney does not accept your response via fax, you will have an automatic defense to eviction.
17	What if the Summons states that I must pay money into the Court Registry? Often, landlords or their attorneys will request that any rent owed be deposited into the Superior Court Clerk’s Registry within 7 days of service of the Summons. Any money owed must be deposited into the Registry or a certified statement must be delivered to the landlord’s attorney (and/or filed with the Court) stating why you do not think that you owe the rent. This form is available at www.tacomaprobono.org/hjplinks.html. If the Summons requests that the rent be paid into the registry and you fail to either pay the rent money into the registry or serve the certification stating that you do not owe rent to the landlord or their attorney, the landlord or their attorney can go to court and get an order directing you to be evicted from the premises without further hearings.
18	What is the general timeline for the eviction process once it has been filed with the court and I have been served? If you answer and/or appear at the show cause hearing and the case is set for trial, the trial will usually be held within 30 days. If you lose at trial, you can be evicted as quickly as 7-10 days after the trial. However, if you do not respond or do not prevail at a Show Cause Hearing the eviction will be much quicker. If you do not answer or enter a notice of appearance you could be evicted in as little as 2-3 weeks. You should seek legal assistance as soon as you are served with a summons and complaint. Evictions move through the court system very quickly.
19	What happens if I receive notice of a Show Cause Hearing? An Order to Show Cause and a Show Cause Hearing are not required in an unlawful detainer action. It is up to your landlord or the landlord’s attorney to schedule the Show Cause Hearing. If a hearing is scheduled. you will be served with an Order to Show Cause to appear at a Show Cause Hearing. If you receive an Order to Show Cause and you want to defend yourself in the action, you are required to appear at the Show Cause Hearing. The purpose of the Show Cause Hearing is to decide whether you have any defense to the eviction which will make a full trial necessary, or whether you have no defense and should be evicted immediately without a trial. You should seek legal assistance as soon as you become aware that a hearing has been scheduled.
20	What is a Writ of Restitution, and when will the court issue a Writ? The Writ of Restitution is a court order restoring possession of the rental property to the landlord by allowing physical removal of you and your possessions from the rental unit by the Sheriff. The court will order your eviction and issue a Writ when: You do not answer the Summons and Complaint by the deadline, OR You do not pay rent money to the court or deliver a Certification by the deadline, OR You lose at the show cause hearing or at trial.
21	What if a Writ is issued in my case? If the court enters an order for you to be evicted, then the Court Clerk will issue a Writ of Restitution instructing the County Sheriff to remove you and your possessions from the rental property. The Writ will be delivered to you personally or posted on your door by the Sheriff. It will usually state the day when the Sheriff will be back to remove you and your personal property from the place you are renting. The Writ does not allow the landlord to remove you him/herself, take or sell your possessions, or change the locks.
22	What happens when the Sheriff executes a Writ? If you are still at the property when the Sheriff returns on the eviction date, then it is legal for him to supervise the removal of your furniture and other personal property. In some cases the landlord may have the option of placing your personal property in storage at your expense, or generally doing as he/she sees fit to remove your possessions from the unit. The Sheriff has the authority to forcibly remove you from the property or arrest you for interfering with the eviction if you refuse to cooperate.
23	Can I do anything to stop the eviction once the Writ of Restitution has been signed by the court? In rare cases, a Writ can be undone (vacated). This usually is only possible when a serious procedural error has taken place, for example when you have not been notified of a court hearing or served with the eviction paperwork. Courts are hesitant to sign orders to stop (stay) an eviction. You should consult with an attorney before attempting to stay a writ. If the eviction is based upon non-payment of rent, you can stop the eviction if you pay the full amount of the judgment ordered by the court within 5 days.
24	Valid Reasons for Evictions Other than Non-Payment of Rent
25	In addition to owing rent, are there other reasons my landlord can evict me, and what kind of notice would I get for these? Month-to-month tenants can be evicted without stating a reason for the eviction after a proper 20-day notice to terminate tenancy, if the tenant does not leave at the end of the rental period. If you do not comply with the provisions of your rental agreement, you may be evicted after receiving a 10-day notice to correct the problem, if you have not corrected the problem. If you have engaged in criminal activity or otherwise been responsible for a serious ‘waste or nuisance’ you may be evicted after receiving a 3-day notice. In this case there is no opportunity to correct the problem.
26	How does the 20-day notice work? Landlords can evict month-to-month tenants after a proper 20-day notice to terminate tenancy, if the tenant does not leave at the end of the rental period. The end of the rental period may not be the same as the end of the 20 days; for instance, if the end of the rental period is the last day of the month and you receive a notice at the first of the month, you will have until the end of the month to leave the rental unit. Your landlord does not have to state a reason to give you a 20-day notice, but the termination of the tenancy must not be a discriminatory or retaliatory action.
27	How does the 10-day notice work? Your landlord can evict you for not complying with the rental agreement. For this kind of problem, the landlord will give you a 10-day notice to comply or move out. Examples of non-compliance include smoking when the agreement specifies “no smoking,” or subletting the apartment when the agreement contains a covenant not to sublet or allowing non-authorized persons to reside in the unit. If you correct (cure) the problem within 10 days after you receive the notice, the landlord cannot proceed with an eviction.
28	How does the 3-day ‘waste or nuisance’ notice work? You can be evicted for causing a ‘waste or nuisance’ if you destroy the landlord’s property use the premises for unlawful activity (including gang activities or drug related activities) damage the value of the property, or interfere with other tenants’ use of the property. In this case, a landlord can issue a 3-day notice to move out. There is no option to stay in the rental or correct the problem; if you have not moved within the 3-day notice period the landlord can start the eviction process.
29	Can the landlord evict me for criminal activity by me or my guests on the premises? Yes. Criminal activity is a “waste or nuisance” for which the landlord may evict you. You should seek legal advice from an attorney immediately if you are served with a 3-day notice of waste or nuisance from your landlord.
30	If I am convicted of drug activity off the premises, can my landlord evict me for this? Some landlords who provide federally assisted housing will specify in the rental agreement that the premises are drug and alcohol free. If you live in drug and alcohol free housing, then your landlord may evict you for using or possessing illegal drugs either on or off the premises. Some landlords who are not subsidized also put clauses in their rental agreements that provide for a tenant’s tenancy to be terminated if they are convicted of a crime (even off premises). If you are convicted/charged with this type of crime it is a good idea to contact an attorney as soon as possible to determine whether this can affect your tenancy.
31	Can the landlord evict me if my neighbors complain about me? Yes. The landlord can evict you for seriously interfering with the rights of other tenants after a 3-day notice. It must be more serious than just not getting along with your neighbors. If you are engaging in gang activity, anyone who resides or works in the same building, or owns property within a one-block radius, may demand that the landlord commence an unlawful detainer action against you. If you are a victim of domestic violence and the neighbors complain about fighting, the landlord cannot evict you.
32	Can the landlord evict me if I am a victim of domestic violence? NO. It is against the law for your landlord to evict you because of fighting, noise or police presence due to domestic violence if you are the victim.
33	Can the landlord evict me if my pet bothers my neighbors? If your pet is a nuisance to other tenants, or a threat to the health and safety of others, your landlord may evict you with proper notice. It is your responsibility to make sure that your pet does not bother others and that it is contained to your rental unit. Even if you have a medically prescribed service animal, you can still be evicted if the service animal bothers or threatens others.
34	Can the landlord evict me if I let the utilities get shut off? If your lease specifies that you may not allow your utilities to be shut off, your landlord may evict you for a violation of that lease/rental agreement provision. In this case a 10-day notice to correct the violation is required before the eviction process can begin.
35	Can I be evicted by my landlord or the new owner if the home I am renting is sold in foreclosure? No. Foreclosure is not a valid reason for eviction. Under a new federal law, Public Law No. 111-22, sections 701-704 (2009), effective May 20, 2009, the new owner must give you a 90-day notice if they want to end your tenancy. If you have an unexpired lease, you may be able to stay until the end of the lease. However, you must continue to pay your rent to the landlord and to the new owner; you do risk eviction if you do not pay your rent.
36	How to find the law…….. The Landlord-Tenant statutes are: RCW 59.18 RCW 59.12 Which can be found at www.leg.wa.gov/rcw/index.cfm Or at the Pierce County Law Library 930 Tacoma Ave. S. Tacoma, WA 98402 (253) 798-7494 Other legal information resources: Washington Attorney General’s Publications on Landlord/Tenant Disputes Northwest Justice Project’s Publications on Landlord/Tenant Disputes (www.washingtonlawhelp.org)
37	Resources
38	Contact the Housing Justice Project Tacoma-Pierce County Housing Justice Project 715 Tacoma Ave. S. Tacoma, WA 98402 (253) 572-5134 FAX (253) 274-1888 vls@tacomaprobono.org www.tacomaprobono.org The Housing Justice Project provides public information, advice appointments and referral for representation by volunteer attorneys in landlord-tenant and other housing issues for low-income clients.
39	CLEAR –Washington State low-income legal advice hotline If you think you may be eligible for legal aid (see next slide) or have other barriers (such as language) which make it difficult for you to access help with your case, call this number first for legal advice and referral to local resources: CLEAR statewide low-income hotline, 1-888-201-1014 CLEAR, Senior (over 60), 1-888-387-7111 CLEAR is available 9:15-12:15 M-F for legal advice and referral if you meet low-income guidelines (no income guidelines for seniors). If you don’t have access to a phone, you can call CLEAR from the lobby of the Access to Civil Justice Center, 715 Tacoma Ave. S., Tacoma, WA 98402, 9-5 M-F.
40	Am I eligible for low-income legal services? Size Monthly
41	If you have difficulty reaching CLEAR -- Local Resources for Legal Advice Housing Justice Project – (253) 572-5134 In-person advice available by appointment or at scheduled hours at the Lawhelp Center in the Pierce County Law Library. Volunteer Legal Services Program Advice Clinics – (253) 572-5134 Neighborhood Legal Clinic, 1^st three Mondays of each month, Pierce County Law Library, 930 Tacoma Ave. S.; call (253) 572-5134 for appointment. Family law advice always available for low-income clients. 4^th Monday Clinica Legal de la Vecindad, 4:30-6 p.m. (Spanish-speaking attorneys/translation always available, for monolingual Spanish-speaking clients), walk-in clinic; arrive at the Law Library by 4 p.m.) Lakewood Pro Bono Clinic, every Thursday evening, 6-7:30 p.m., at My Service Mind, 11016 Bridgeport Way SW, call for appointment (253) 584-5615. Korean and Russian translation always available.
42	City of Tacoma Landlord-Tenant Program City of Tacoma Human Rights and Human Services Department 747 Market Street, Room 836 Tacoma, WA 98402 253-591-5163 hrhs@cityoftacoma.org This office responds to phone, walk-in and written inquiries (including e-mail) about the Washington State Landlord-Tenant Law from people who live or own property within Tacoma city limits. Phone hours: 8 a.m. – 5 p.m. Walk-in hours: Wednesdays, 9 a.m. – 1 p.m.
43	Fair Housing Center of Washington 1517 S. Fawcett, Suite 250 Tacoma, WA 98402 (253) 274-9523 www.fhcwashington.org Complaint investigation, advocacy, education, information and referral for tenants who have suffered from illegal housing discrimination: Protected classes under federal law include race, color, religion, sex, national origin, family status and disability. Washington State law expands these protections to include marital status, sexual orientation and military/veteran status.
44	City of Tacoma Human Rights & Human Services City of Tacoma Human Rights and Human Services Department 747 Market Street, Room 836 Tacoma, WA 98402 253-591-5151 (voice) 253-591-5153 (TTY) hrhs@cityoftacoma.org Deaf, hard of hearing or speech disabled persons may contact us through Washington Relay Services 1-800-833-6388 (TTY or ASCII) 1-800-833-6386 (VCO) or 1-877-833-6341 (STS) Investigates and resolves complaints alleging discrimination in housing which violate the Law against Discrimination, Chapter 1.29 of the Official code of the City of Tacoma, as amended, and the Federal Fair housing Act. In addition to the protected classes under federal and state law, age discrimination in housing is illegal in the City of Tacoma.
45	Legal information, forms, Internet access Pierce County Law Library 930 Tacoma Ave. S., 1^st Floor Tacoma, WA 98402 (253) 798-7494 www.pclawlibrary.org The law library is conveniently located on the first floor of the courthouse and is an excellent resource for people representing themselves and anyone who needs access to practical legal information. If you do not have Internet access at home, the law library is a good place to go to get help finding legal information and forms which may be available on the Internet (www.washingtonlawhelp.org, www.tacomaprobono.org, for example).
46	Can I get free translation services to help me use these resources? Free translation services and/or bilingual staff are available when calling CLEAR and the Lakewood Pro Bono Clinic. The materials on www.washingtonlawhelp.org are available in translation in a wide variety of languages. Free translation is provided but advance notice is required for translation services for the Housing Justice Project and all other Volunteer Legal Services clinics and volunteer attorney appointments.
47	Mediation/Alternative Dispute Resolution Pierce County Center for Dispute Resolution 738 Broadway, Suite 400 Tacoma, WA 98405 253-572-3657 253-572-3579 e-mail: clientservices@pccdr.org, website: www.pccdr.org The Center for Dispute Resolution uses a sliding scale and can help you reach agreement on some or all of the issues in your case outside the formal court system. Services include private landlord-tenant, property, neighborhood and small claims issues (mediation is required for all small claims cases).
48	Mediation/Alternative Dispute Resolution Office of the Attorney General, Mobile Home Division 1-866-924-6458, e-mail: MHDR@atg.wa.gov, website: http://www.atg.wa.gov/MHDR.aspx Mail: Manufactured Housing Dispute Resolution Attorney General’s Office 800 Fifth Avenue, Suite 2000 Seattle, WA 98104 The Attorney General’s office accepts and mediates complaints from mobile home owners renting space for their homes. Homeowners and landlords may file a request for dispute resolution if they believe that there may be a violation of their rights under the Mobile Home Landlord-Tenant Act. The Attorney General’s Office will negotiate with opposing parties, determine whether further investigation is needed, decide whether a violation has occurred and issue fines and other penalties when appropriate.
49	Internet Resources www.washingtonlawhelp.org – Northwest Justice Project website containing comprehensive legal information and current forms on a wide variety of topics. Click on the ‘Housing’ button for detailed information for tenants on eviction, repairs, deposits, public housing issues and much more. Most materials available in a wide variety of languages. www.tacomaprobono.org – Website for the Tacoma-Pierce County Bar Association’s Volunteer Legal Services Program. Go to the ‘Housing Justice Project’ page on this site to see basic information for tenants on rights and responsibilities under the Residential Landlord-Tenant Act, look up landlord-tenant resources for Pierce County, find forms, and get more information about low-income legal services. www.tenantsunion.org – The Tenants’ Union in Seattle has excellent information on tenant rights and responsibilities and many other resources, including a tenants hotline. www.co.pierce.wa.us/pc/abtus/ourorg/supct/abtussup.htm – Website for Pierce County Superior Court. You can look up your case, check court calendars and look up Pierce County local rules. www.atg.wa.gov/Landlord-Tenant.aspx -- Information on the Residential Landlord-Tenant Act and Mobile Home Landlord-Tenant Act, other services available through the Office of the Attorney General. www.courts.wa.gov – The official State of Washington website for courts, good source for all forms and instructions and Washington law.
50	credits This presentation was developed and produced by the following organizations with funding from the Tacoma-Pierce County Bar Foundation: Tacoma-Pierce County Bar Association Volunteer Legal Services Program Tacoma-Pierce County Housing Justice Project Northwest Justice Project Tacoma office Fair Housing Center of Washington City of Tacoma Human Rights & Human Services Pierce County Center for Dispute Resolution
51	Disclaimer The presentation is intended to be used for informational purposes only and is not meant to be a substitute for the advice of an attorney. If you have a legal problem you should consult with an attorney about the specifics of your situation.