Title 59 — Title 59 LANDLORD AND TENANT
11 chapters · 249 sections in this title.
RCW 59.12.010 Forcible entry defined.
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Every person is guilty of a forcible entry who either—(1) By breaking open windows, doors or other parts of a house, or by fraud, intimidation or stealth, or by any kind of violence or circumstance of terror, enters upon or into any real property; or—(2) Who, after entering peace…
RCW 59.12.020 Forcible detainer defined.
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Every person is guilty of a forcible detainer who either—(1) By force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was acquired peaceably or otherwise; or—(2) Who in the nighttime, or during the absence o…
RCW 59.12.030 Unlawful detainer defined.
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Except as limited under RCW 59.18.650 relating to tenancies under chapter 59.18 RCW, a tenant of real property for a term less than life is liable for unlawful detainer either:(1) When he or she holds over or continues in possession, in person or by subtenant, of the property or …
RCW 59.12.032 Unlawful detainer action—Compliance with RCW 61.24.040 and 61.24.060.
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An unlawful detainer action, commenced as a result of a trustee's sale under chapter 61.24 RCW, must comply with the requirements of RCW 61.24.040 and 61.24.060.[ 2009 c 292 s 11.]
RCW 59.12.035 Holding over on agricultural land, effect of.
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In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than sixty days after the expiration of his or her term without any demand or notice to quit by his or her landlord or the successor in estate of his or her landlord, …
RCW 59.12.040 Service of notice—Proof of service.
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*** CHANGE IN 2026 *** (SEE 2664.SL) ***Any notice provided for in this chapter shall be served either (1) by delivering a copy personally to the person entitled thereto; or (2) if he or she be absent from the premises unlawfully held, by leaving there a copy, with some person of…
RCW 59.12.050 Jurisdiction of proceedings.
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The superior court of the county in which the property or some part of it is situated shall have jurisdiction of proceedings under this chapter.[ 1891 c 96 s 6; RRS s 815. Prior: 1890 p 75 s 5.]Notes:Venue and jurisdiction, generally: RCW 2.08.010 and chapter 4.12 RCW.
RCW 59.12.060 Parties defendant.
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No person other than the tenant of the premises, and subtenant, if there be one, in the actual occupation of the premises when the complaint is filed, need be made parties defendant in any proceeding under this chapter, nor shall any proceeding abate, nor the plaintiff be nonsuit…
RCW 59.12.070 Complaint—Summons.
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The plaintiff in his or her complaint, which shall be in writing, must set forth the facts on which he or she seeks to recover, and describe the premises with reasonable certainty, and may set forth therein any circumstances of fraud, force or violence, which may have accompanied…
RCW 59.12.080 Summons—Contents—Service.
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The summons must state the names of the parties to the proceeding, the court in which the same is brought, the nature of the action, in concise terms, and the relief sought, and also the return day; and must notify the defendant to appear and answer within the time designated or …
RCW 59.12.085 Alternative service of summons—Limitation on jurisdiction.
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(1) When the plaintiff, after the exercise of due diligence, is unable to personally serve the summons on the defendant or defendants, the court may authorize the alternative means of service described in this section.(2) Upon filing of an affidavit from the person or persons att…
RCW 59.12.090 Writ of restitution—Bond.
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The plaintiff at the time of commencing an action of forcible entry or detainer or unlawful detainer, or at any time afterwards, may apply to the judge of the court in which the action is pending for a writ of restitution restoring to the plaintiff the property in the complaint d…
RCW 59.12.100 Service of writ—Bond to stay writ.
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The sheriff shall, upon receiving the writ of restitution, forthwith serve a copy thereof upon the defendant, his or her agent or attorney, or a person in possession of the premises, and shall not execute the same for three days thereafter, nor until after the defendant has been …
RCW 59.12.110 Modification of bond.
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The plaintiff or defendant at any time, upon two days' notice to the adverse party, may apply to the court or any judge thereof for an order raising or lowering the amount of any bond in this chapter provided for. Either party may, upon like notice, apply to the court or any judg…
RCW 59.12.120 Judgment by default.
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If on the date appointed in the summons the defendant does not appear or answer, the court shall render judgment in favor of the plaintiff as prayed for in the complaint.[ 1989 c 342 s 2; 1891 c 96 s 13; RRS s 822. FORMER PART OF SECTION: 1891 c 96 s 14 now codified as RCW 59.12.…
RCW 59.12.121 Pleading by defendant.
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On or before the day fixed for his or her appearance the defendant may appear and answer or demur.[ 2010 c 8 s 19012; 1891 c 96 s 14; RRS s 823. Formerly RCW 59.12.120, part.]
RCW 59.12.130 Jury—Actions given preference.
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Whenever an issue of fact is presented by the pleadings it must be tried by a jury, unless such a jury be waived as in other cases. The jury shall be formed in the same manner as other trial juries in the court in which the action is pending; and in all cases actions under this c…
RCW 59.12.140 Proof in forcible entry and detainer.
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On the trial of any proceeding for any forcible entry or forcible detainer the plaintiff shall only be required to show, in addition to a forcible entry complained of, that he or she was peaceably in the actual possession at the time of the forcible entry; or, in addition to a fo…
RCW 59.12.150 Amendment to conform to proof.
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When upon the trial of any proceeding under this chapter it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, in respect of the premises described in the complaint, and other than the offense charged in the…
RCW 59.12.160 Amendments.
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Amendments may be allowed by the court at any time before final judgment, upon such terms as to the court may appear just, in the same cases and manner and to the same extent as in civil actions.[ 1891 c 96 s 19; RRS s 828. Prior: 1890 p 80 s 20.]
RCW 59.12.170 Judgment—Execution.
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If upon the trial the verdict of the jury or, if the case be tried without a jury, the finding of the court be in favor of the plaintiff and against the defendant, judgment shall be entered for the restitution of the premises; and if the proceeding be for unlawful detainer after …
RCW 59.12.180 Rules of practice.
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Except as otherwise provided in this chapter, the provisions of the laws of this state with reference to practice in civil actions are applicable to, and constitute the rules of practice in the proceedings mentioned in this chapter; and the provisions of such laws relative to new…
RCW 59.12.190 Relief against forfeiture.
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The court may relieve a tenant against a forfeiture of a lease and restore him or her to his or her former estate, as in other cases provided by law, where application for such relief is made within thirty days after the forfeiture is declared by the judgment of the court, as pro…
RCW 59.12.200 Appellate review—Stay bond.
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A party aggrieved by the judgment may seek appellate review of the judgment as in other civil actions: PROVIDED, That if the defendant appealing desires a stay of proceedings pending review, the defendant shall execute and file a bond, with two or more sufficient sureties to be a…
RCW 59.12.210 Effect of stay bond.
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When the defendant shall appeal, and shall file a bond as provided in RCW 59.12.200, all further proceedings in the case shall be stayed until the determination of said appeal and the same has been remanded to the superior court for further proceedings therein.[ 1891 c 96 s 23; R…
RCW 59.12.220 Writ of restitution suspended pending appeal.
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If a writ of restitution has been issued previous to the taking of an appeal by the defendant, and said defendant shall execute and file a bond as provided in this chapter, the clerk of the court, under the direction of the judge, shall forthwith give the appellant a certificate …
RCW 59.12.230 Forcible entry and detainer—Penalty.
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Every person who shall unlawfully use, or encourage or assist another in unlawfully using, any force or violence in entering upon or detaining any lands or other possessions of another; and every person who, having removed or been removed therefrom pursuant to the order or direct…