Chapter 59.08 RCW

DEFAULT IN RENT OF FORTY DOLLARS OR LESS

Sections

59.08.010Summons and complaint as noticeAcceptance of rent after default.
59.08.020Venue.
59.08.030Complaint.
59.08.040Order for hearingNotice.
59.08.050Continuance.
59.08.060HearingWrit of restitution.
59.08.070Recall of writBond.
59.08.080Complaint as notice to quit.
59.08.090Sheriff's fee.
59.08.100Indemnity bond not requiredLiability for damages.
59.08.900Chapter inapplicable to rental agreements under landlord-tenant act.


59.08.010
Summons and complaint as notice—Acceptance of rent after default.

In cases of default in the payment of rent for real property where the stipulated rent or rental value does not exceed forty dollars per month, no notice to quit or pay rent, other than filing and serving a summons and complaint, as hereinafter provided, shall be required to render the holding of such tenant thereafter unlawful. If the landlord shall, after such default in the payment of rent, accept payment thereof, such acceptance of payment shall operate to reinstate the right of the tenant to possession for the full period fixed by the terms of any agreement relating to the right of possession.
[ 1941 c 188 § 1; Rem. Supp. 1941 § 814-1.]



59.08.020
Venue.

The superior court of the county in which the real property or some part thereof is situated shall have jurisdiction of proceedings for the recovery of possession of said real property alleged to be wrongfully detained.
[ 1941 c 188 § 2; Rem. Supp. 1941 § 814-2.]



59.08.030
Complaint.

Such proceedings shall be commenced by the filing of a complaint executed under oath by the owner or landlord or his or her authorized agent. It shall be sufficient to state in such complaint a description of the property with reasonable certainty, that the defendant is in possession thereof and wrongfully holds the same by reason of failure to pay the agreed rental due, or the monthly rental value of the premises.
[ 2010 c 8 § 19003; 1941 c 188 § 3; Rem. Supp. 1941 § 814-3.]



59.08.040
Order for hearing—Notice.

Upon the filing of such complaint it may be presented to the judge, and by order he or she shall forthwith fix a place and time for the trial of said cause, not more than ten days after the date of making the order. A copy of the complaint, together with a copy of the summons specifying the time and place for trial, shall be served on the defendant not less than five days prior to the time fixed for hearing in the manner provided for the service of notice to quit in RCW 59.12.040.
[ 2010 c 8 § 19004; 1941 c 188 § 4; Rem. Supp. 1941 § 814-4.]



59.08.050
Continuance.

No continuance shall be granted for a longer period than two days unless the defendant applying therefor shall give good and sufficient security, to be approved by the court, conditioned upon the payment of rent accrued and to accrue, if judgment be rendered against the defendant.
[ 1941 c 188 § 5; Rem. Supp. 1941 § 814-5.]



59.08.060
Hearing—Writ of restitution.

At the time and place fixed for the hearing, the court shall proceed to examine the parties orally to ascertain the merits of the complaint, and if it shall appear that there is no reasonable doubt of the right of the plaintiff to be restored to the possession of said property, the court shall enter an order directing the issuance of a writ of restitution, which shall thereupon be served by the sheriff upon the defendant. After the expiration of three days from date of service, if the defendant has not surrendered possession or filed a bond as hereinafter provided, the writ shall be executed by the sheriff. If it appears to the court that there is reasonable doubt of the right of the plaintiff to be restored to the possession of said property, the court shall enter an order requiring the parties to proceed on the complaint filed in the usual form of action.
[ 1941 c 188 § 6; Rem. Supp. 1941 § 814-6.]



59.08.070
Recall of writ—Bond.

If the defendant feels aggrieved at an order of restitution, he or she may within three days after the entry of the order file a bond to be approved by the court in double the amount of the rent found to be due, plus two hundred dollars, conditioned for the payment and performance of any judgment rendered against him or her, and the court shall thereupon enter an order for the parties to proceed in the usual form of action, and recall the writ of restitution.
[ 2010 c 8 § 19005; 1941 c 188 § 7; Rem. Supp. 1941 § 814-7.]



59.08.080
Complaint as notice to quit.

The filing and service of a complaint under this chapter shall be equivalent to the notice required to pay rent or surrender possession under RCW 59.12.030.
[ 1941 c 188 § 8; Rem. Supp. 1941 § 814-8.]



59.08.090
Sheriff's fee.

The sheriff's fee shall be the same as in other civil actions.
[ 1961 c 304 § 7; 1941 c 188 § 9; Rem. Supp. 1941 § 814-9.]

NOTES:

County clerk's fees: RCW 36.18.020.
Sheriff's fees: RCW 36.18.040.



59.08.100
Indemnity bond not required—Liability for damages.

The plaintiff shall not be required to give bond to the defendant or the sheriff for the issuance or execution of the writ of restitution, and the sheriff shall not be liable for damages to the defendant for the execution of the writ of restitution hereunder, but any such damage to which the defendant may be entitled shall be recoverable against the plaintiff only.
[ 1941 c 188 § 10; Rem. Supp. 1941 § 814-10.]



59.08.900
Chapter inapplicable to rental agreements under landlord-tenant act.

This chapter does not apply to any rental agreement included under the provisions of chapter 59.18 RCW.