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COUNTING DAYS: 

           The Supreme Court ruled on December 6, 2007 that, when counting days for any type of 3 day notice (pay or vacate, waste/nuisance, drug, etc.), or any other type of notice, you use calendar days, including all weekend days and holidays. This decision is effective immediately.

           We are back to 3 days actually means 3 days!



ALTERNATIVE SERVICE OF THE SUMMONS AND COMPLAINT AND MONEY JUDGMENTS: 

           Several months ago, Division I of the Washington State Court of Appeals ruled on a case regarding the issuance of a money judgment following service of the summons and complaint by alternative service. Alternative service is required when the process server or management staff cannot personally serve the summons and complaint on the named tenant. It requires that the Landlord file the case with the Court and obtain an order allowing alternative service. To obtain that order, the Landlord must first show the Court that it has reasonably attempted to personally serve the Tenant but has been unable to do so.

           According to RCW 59.18.055, if the Tenant is served by alternative service, the Court does not have the jurisdiction to issue a money judgment “until such time as jurisdiction over the defendant or defendants is obtained.”

           Prior to the Division I ruling, many Courts would interpret an answer by the Tenant or having the Tenant appear at the show cause hearing as a voluntary submission to the personal jurisdiction of the Court and award a money judgment. This case made clear that the simple filing of an answer or the appearance at the show cause hearing, without more, was not enough to subject the tenant to personal jurisdiction.

           Now, unless the Court rules that the Tenant has taken steps sufficient to subject them to personal jurisdiction, even if they file an answer and appear at the show cause hearing, the Court will strike through and reserve the money judgment portion of an eviction judgment and will simply issue a writ of restitution to return the apartment to the Landlord.

           This reservation of the monetary amounts does not mean that the Tenant does not owe the rent, court costs and attorney fees, or that the Court has ruled that they are released from paying it. In fact, the Court will issue a finding of fact that the Tenant does owe the rent, late charges, etc. but will not include them in the eviction judgment. The finding of fact is conclusive proof of the Tenant’s liability for the amounts owing unless the Tenant files an appeal of the judgment within 30 days. Therefore, during any later collection action, where all the rent, late charges, utilities, cleaning, court costs and attorney fees for the eviction are included, the finding of fact is proof of the liability for those amounts sought during the eviction.



STORAGE OF PROPERTY AFTER EVICTION: 

           In early 2007, Division III of the Washington State Court of Appeals in Spokane made a ruling in an eviction case. The essence of that ruling is that, at the time of the eviction, unless the Tenant objects to the storage of the Tenant’s property, the Landlord will be liable for the property if the Landlord fails to store the property in a reasonably secure location for the Tenant

           The practical effect of that ruling is that the majority of the Sheriff’s offices doing the physical evictions have decided that, unless the Tenant objects to the storage at the time of the physical eviction, the Landlord is not entitled to put the Tenant’s personal property on the sidewalk any longer, but must store the property for the Tenant.

           The decision is not clear how long the Landlord is required to store the property, but it does reference RCW 59.18.310, which is the requirements for storage of property following the Tenant’s abandonment of the apartment. Due to that reference, most attorneys are telling clients to store the property for 45 days, send out the written notice telling the Tenant that they can reclaim the property by paying the reasonable storage and moving costs. After the 45 days, you can sell or dispose of the property and can apply the proceeds only toward the reasonable storage and moving costs, and not to the rent.

           Different counties are enforcing this decision in different ways. Snohomish county has taken the position (correct in our opinion) that the decision does not effect them and they are still allowing removal of the personal property to the sidewalk.

           Our office is currently pursuing an appeal of a similar case in Division I (Seattle and north to the border, west of the Cascades).

           We are also seeking a legislative solution to the problem.