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58.28.200 | Proof requisite to delivery of deed. | No deed to any lot or parcel of land in such townsite entry shall be made or delivered to any alleged occupant thereof before proof shall have been made under oath showing such claimant to have been an occupant of such lot or parcel of land within the meaning of said laws of congress at the time of the entry of such to... |
58.28.201 | Title to vacated lots by occupancy and improvements. | See RCW 58.28.510 . |
58.28.202 | Controversies, by whom settled—Review. | See RCW 58.28.520 . |
58.28.203 | Platted lands declared dedicated to public use. | See RCW 58.28.440 . |
58.28.204 | Appeals—Procedure. | See RCW 58.28.490 . |
58.28.210 | Unincorporated towns on United States land—Superior court judge to file claim. | It is the duty of the judge of the superior court of any county in this state to enter at the proper land office of the United States such quantity of land as the inhabitants of any unincorporated town, situate upon lands the legal and equitable title to which is in the United States of America, or situate upon public ... |
58.28.220 | Petition to superior court judge—Contents—Procedure. | The judge of the superior court of any county in this state, whenever he or she is so requested by a petition signed by not less than five residents, householders in any such unincorporated town, whose names appear upon the assessment roll for the year preceding such application in the county wherein such unincorporate... |
58.28.230 | Survey and plat—Boundaries—Monuments. | Such judge must thereupon cause a survey to be made by some competent person, of the lands which the inhabitants of said town may be entitled to claim under said acts of congress, located according to the legal subdivisions of the sections according to the government survey thereof, and the same must be distinctly mark... |
58.28.240 | Plats—Filing. | The plat thereof must be made in triplicate on a scale of not less than eighty feet to an inch, which must be duly certified under oath by the surveyor, one of which must be filed with the county auditor of the county wherein such unincorporated town is situated, one must be deposited in the proper United States land o... |
58.28.250 | Survey, notice of—Bids for—Franchises continued. | Before proceeding to make such survey, at least ten days' notice thereof must be given, by posting within the limits of such townsite, not less than five written or printed notices of the time when such survey shall commence, or by publication thereof in a newspaper published in said town, if one there be. The survey o... |
58.28.260 | Contents of plat. | Such plat must show as follows: (1) All streets, alleys, avenues, roads and highways, and the width thereof. (2) All parks, squares and all other ground reserved for public uses, with the boundaries and dimensions thereof. (3) All lots and blocks, with their boundaries, designating such lots and blocks by numbers, and ... |
58.28.270 | Monuments—Location, placement requisites. | Such surveyor must mark all corners of blocks or lots shown on the plat by substantial stakes or monuments, and must set stone or iron monuments at the points of intersection of the center lines of all the streets, where practicable, or as near as possible to such points, and their location must be shown by marking on ... |
58.28.280 | Monuments—Markings—Surveyor's certificate on plat. | If a stone is used as a monument it must have a cross cut in the top at the point of intersection of center lines of streets, or a hole may be drilled in the stone to mark such point. If an iron monument is used it must be at least two inches in diameter by two and one-half feet in length, and may be either solid iron ... |
58.28.290 | Plats filed—Auditor's fee. | All such plats must be made on mounted drawing paper, and filed and recorded in the office of the county auditor, and he or she must keep the original plat for public inspection. The fee of such county auditor for filing and recording each of such plats, and the field notes accompanying the same shall be the sum of ten... |
58.28.300 | Assessments—Disposition—Employment of attorney authorized. | Each lot or parcel of said lands having thereon valuable improvements or buildings ordinarily used as dwellings or for business purposes, not exceeding one-tenth of one acre in area, shall be rated and assessed by the said judge at the sum of one dollar; each lot or parcel of such lands exceeding one-tenth, and not exc... |
58.28.310 | Notice of possession filed—Assessment and fee—Certificate—Judge's record. | Every person, company, corporation, or association, claimant of any town lot or parcel of land, within the limits of such townsite, must present to such judge within three months after the patent (or a certified copy thereof), from the United States has been filed in the office of the county auditor, his, her, or its a... |
58.28.320 | Deficiency assessment—When payable. | If it is found that the amounts hereinbefore specified as assessments and fees for costs and expenses, prove to be insufficient to cover and defray all the necessary expenses, the said judge must estimate the deficiency and assess such deficiency pro rata upon all the lots and parcels of land in such government townsit... |
58.28.330 | Deed to claimants—Actions contesting title, limitations on. | At the expiration of six months after the time of filing such patent, or certified copy thereof, in the office of the county auditor, if there has been no adverse claim filed in the meantime, said judge must execute and deliver to such claimant or to his, her, its or their heirs, executor, administrator, grantee, succe... |
58.28.340 | Entries on mineral lands—Rights of claimants. | Townsite entries may be made by such judge on mineral lands of the United States, but no title shall be acquired by such judge to any vein of gold, silver, cinnabar, copper or lead, or to any valid mining claim or possession held under existing laws. When mineral veins are possessed within the limits of an unincorporat... |
58.28.350 | Conflicting claims—Procedure. | In all cases of adverse claims or disputes arising out of conflicting claims to land or concerning boundary lines, the adverse claimants may submit the decision thereof to said judge by an agreement in writing specifying particularly the subject matter in dispute and may agree that his or her decision shall be final. T... |
58.28.360 | Proof of right—Costs upon failure of both conflicting parties. | If in any action brought under this chapter, or under said acts of congress, the right to the ground in controversy shall not be established by either party, the court or jury shall so find and judgment shall be entered accordingly. In such case costs shall not be allowed to either party, and neither party shall be ent... |
58.28.370 | Notice of filing patent. | Said judge must promptly give public notice by advertising for four weeks in any newspaper published in such town, or if there be no newspaper published in such town, then by publication in some newspaper having general circulation in such town, and not less than five written or printed notices must be posted in public... |
58.28.380 | Abandonment of claim. | If any person, company, association, or any other claimant of lands in such townsite fails, neglects or refuses to make application to said judge for a deed of conveyance to said land so claimed, and pay the sums of money specified in this chapter, within three months after the filing of such patent, or a certified cop... |
58.28.390 | Sale of unoccupied lots—Notice—Minimum price. | All lots in such townsite which were unoccupied within the meaning of the said acts of congress at the time of the entry of said townsite in the United States land office shall be sold by such judge or under his or her direction, at public auction to the highest bidder for cash, each lot to be sold separately, and noti... |
58.28.400 | Lands for school and public purposes—Expenses as charge against fund. | All school lots or parcels of land reserved or occupied for school purposes, must be conveyed to the school district in which such town is situated without cost or charge of any kind whatever. All lots or parcels of land reserved or occupied for public purposes must be set apart and dedicated to such public purposes wi... |
58.28.410 | Disposition of excess money—Special fund. | Any sum of money remaining in said fund after defraying all necessary expenses of location, entry, surveying, platting, advertising, filing and recording, reimbursement of moneys loaned or advanced and paying the cost and expenses herein authorized and provided for must be deposited in the county treasury by such judge... |
58.28.420 | Effect of informalities—Certificate or deed as prima facie evidence. | No mere informality, failure, or omission on the part of any persons or officers named in this chapter invalidates the acts of such person or officers; but every certificate or deed granted to any person pursuant to the provisions of this chapter is prima facie evidence that all preliminary proceedings in relation ther... |
58.28.430 | Proof requisite to delivery of deed. | No deed to any lot in such unincorporated town or unincorporated government townsite entry shall be made or delivered to any alleged occupant thereof before proof shall have been made under oath, showing such claimant to have been an occupant of such lot or parcel of land within the meaning of said laws of congress at ... |
58.28.440 | Platted lands declared dedicated to public use. | All streets, roads, lanes and alleys, public squares, cemeteries, parks, levees, school lots, and commons, surveyed, marked and platted, on the map of any townsite, as prescribed and directed by the provisions of this chapter, are hereby declared to be dedicated to public use, by the filing of such town plat in the off... |
58.28.450 | Clerk's duties when judge trustee. | All clerical work under this chapter where a judge of the superior court is trustee must be performed by the clerk of the superior court.
[ 1909 c 231 s 45 ; RRS s 11529. Prior: 1888 c 124 pp 216-220.] |
58.28.460 | Accounting and depositing money—Promptness. | Such judge when fulfilling the duties imposed upon him or her by said acts of congress, and by this chapter, must keep a correct account of all moneys received and paid out by him or her. He or she must deposit all surplus money with the treasurer of the proper county, and he or she must promptly settle up all the affa... |
58.28.470 | Records filed with county clerk. | Whenever the affairs pertaining to such trust shall be finally settled and disposed of by such judge, he or she shall deposit all books and papers relating thereto in the office of the county clerk of the proper county to be thereafter kept in the custody of such county clerk as public records, and the county clerk's f... |
58.28.480 | Judge, a trustee for purposes herein. | Every such judge when fulfilling the duties imposed upon him or her by said acts of congress, and by this chapter, shall be deemed and held to be acting as a trustee for the purposes of fulfilling the purposes of said acts and not as a superior court, and such judge shall be deemed to be disqualified to sit as judge of... |
58.28.490 | Appellate review—Procedure. | Appellate review of the judgment or orders of the superior court in all cases arising under this chapter or said acts of congress may be sought as in other civil cases.
[ 1988 c 202 s 54 ; 1971 c 81 s 127 ; 1909 c 231 s 49 ; RRS s 11533. Prior: 1888 c 124 pp 216-220.]
Severability — 1988 c 202: See note following RCW 2... |
58.28.500 | Succession of trust. | The successors in office of such superior court judge shall be his or her successors as trustee of such trust.
[ 2010 c 8 s 18023 ; 1909 c 231 s 51 ; RRS s 11534. Prior: 1888 c 124 pp 216-220.] |
58.28.510 | Title to vacated lots by occupancy and improvements. | The judge of the superior court of any county is hereby declared to be the successor as trustee of any territorial probate judge in such county who was trustee under any such acts of congress, and may as such succeeding trustee perform any unperformed duties of his or her predecessor in office as such trustee, agreeabl... |
58.28.520 | Controversies, by whom settled—Review. | Except as hereinbefore specially provided, the city or town council in incorporated cities and towns, and the judge of the superior court, as trustee, in cases of unincorporated government townsites, are hereby expressly given power and jurisdiction to hear and determine all questions arising under this chapter and und... |
58.04.001 | Purpose—Remedies. | The purpose of this chapter is to provide alternative procedures for fixing boundary points or lines when they cannot be determined from the existing public record and landmarks or are otherwise in dispute. This chapter does not impair, modify, or supplant any other remedy available at law or equity.
[ 1996 c 160 s 1 .... |
58.04.003 | Definition of surveyor. | As used in this chapter, "surveyor" means every person authorized to practice the profession of land surveying under the provisions of chapter 18.43 RCW.
[ 1996 c 160 s 2 .] |
58.04.007 | Affected landowners may resolve dispute over location of a point or line—Procedures. | Whenever a point or line determining the boundary between two or more parcels of real property cannot be identified from the existing public record, monuments, and landmarks, or is in dispute, the landowners affected by the determination of the point or line may resolve any dispute and fix the boundary point or line by... |
58.04.011 | Authorization to enter upon any land or waters for purpose of resolving dispute. | Any surveyor authorized by the court and the surveyor's employees may, without liability for trespass, enter upon any land or waters and remain there while performing the duties as required in RCW 58.04.001 through 58.04.007 and this section. The persons named in this section may, without liability for trespass, invest... |
58.04.015 | Disturbing a survey monument—Penalty—Cost. | A person who intentionally disturbs a survey monument placed by a surveyor in the performance of the surveyor's duties is guilty of a gross misdemeanor and is liable for the cost of the reestablishment.
[ 1996 c 160 s 5 .] |
58.04.020 | Suit to establish lost or uncertain boundaries—Mediation may be required. | (1) Whenever the boundaries of lands between two or more adjoining proprietors have been lost, or by time, accident or any other cause, have become obscure, or uncertain, and the adjoining proprietors cannot agree to establish the same, one or more of the adjoining proprietors may bring a civil action in equity, in the... |
58.04.030 | Commissioners—Survey and report. | Said court may, in its discretion, appoint commissioners, not exceeding three competent and disinterested persons, one or more of whom shall be practical surveyors, residents of the state, which commissioners shall be, before entering upon their duties, duly sworn to perform their said duties faithfully, and the said c... |
58.04.040 | Proceedings, conduct of—Costs. | The proceedings shall be conducted as other civil actions, and the court, on final decree, shall apportion the costs of the proceedings equitably, and the cost so apportioned, shall be a lien upon the said lands, severally, as against any transfer or incumbrance made of, or attaching to said lands, from the time of the... |
59.04.010 | Tenancies from year to year abolished except under written contract. | Tenancies from year to year are hereby abolished except when the same are created by express written contract. Leases may be in writing or print, or partly in writing and partly in print. Nothing in this section shall be construed in any manner to conflict with or supersede RCW 59.18.210 .
[ 2024 c 27 s 1 ; Code 1881 s... |
59.04.020 | Tenancy from month to month—Termination. | When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of thirty days or more, preceding the end of any of said months... |
59.04.030 | Tenancy for specified time—Termination. | In all cases where premises are rented for a specified time, by express or implied contract, the tenancy shall be deemed terminated at the end of such specified time.
[Code 1881 s 2055; 1867 p 101 s 3 ; RRS s 10620.] |
59.04.040 | Ten-day notice to pay rent or quit premises. | When a tenant fails to pay rent when the same is due, and the landlord notifies him or her to pay said rent or quit the premises within ten days, unless the rent is paid within said ten days, the tenancy shall be forfeited at the end of said ten days.
[ 2010 c 8 s 19001 ; Code 1881 s 2056; 1867 p 101 s 4 ; no RRS.] |
59.04.050 | Tenancy by sufferance—Termination. | Whenever any person obtains possession of premises without the consent of the owner or other person having the right to give said possession, he or she shall be deemed a tenant by sufferance merely, and shall be liable to pay reasonable rent for the actual time he or she occupied the premises, and shall forthwith on de... |
59.04.900 | 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.
[ 1973 1st ex.s. c 207 s 45 .] |
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... |
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 s 2 ; Rem. Supp. 1941 s 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 sa... |
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, sh... |
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 s 5 ; Rem. Supp. 1941 s 8... |
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 ... |
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 o... |
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 s 8 ; Rem. Supp. 1941 s 814-8.] |
59.08.090 | Sheriff's fee. | The sheriff's fee shall be the same as in other civil actions.
[ 1961 c 304 s 7 ; 1941 c 188 s 9 ; Rem. Supp. 1941 s 814-9.]
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 s... |
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.
[ 1973 1st ex.s. c 207 s 46 .] |
59.12.010 | Forcible entry defined. | 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 peaceably upon real property, turns out b... |
59.12.020 | Forcible detainer defined. | 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 of the occupant of any real property,... |
59.12.030 | Unlawful detainer defined. | 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 any part thereof after the expiration o... |
59.12.032 | Unlawful detainer action—Compliance with RCW61.24.040and61.24.060. | 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 .] |
59.12.035 | Holding over on agricultural land, effect of. | 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, if any there be, he or she shall be deem... |
59.12.040 | Service of notice—Proof of service. | 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 suitable age and discretion, and sending a copy by certified mail, posted from ... |
59.12.050 | Jurisdiction of proceedings. | 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 .]
Venue and jurisdiction, generally: RCW 2.08.010 and chapter 4.12 RCW. |
59.12.060 | Parties defendant. | 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 nonsuited, for the nonjoinder of any person who... |
59.12.070 | Complaint—Summons. | 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 the forcible entry or forcible or unlaw... |
59.12.080 | Summons—Contents—Service. | 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 that the relief sought will be taken aga... |
59.12.085 | Alternative service of summons—Limitation on jurisdiction. | (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 attempting service describing those attemp... |
59.12.090 | Writ of restitution—Bond. | 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 described, and the judge shall order a wr... |
59.12.100 | Service of writ—Bond to stay writ. | 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 served with summons in the action as her... |
59.12.110 | Modification of bond. | 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 judge thereof for an order requiring additio... |
59.12.120 | Judgment by default. | 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 59.12.121 .]
Effective date — 1989 c 342: S... |
59.12.121 | Pleading by defendant. | 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.] |
59.12.130 | Jury—Actions given preference. | 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 chapter shall take precedence of all othe... |
59.12.140 | Proof in forcible entry and detainer. | 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 forcible detainer complained of, that he o... |
59.12.150 | Amendment to conform to proof. | 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 complaint, the judge must order that su... |
59.12.160 | Amendments. | 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 .] |
59.12.170 | Judgment—Execution. | 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 neglect or failure to perform any condit... |
59.12.180 | Rules of practice. | 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 trials and appeals, except so far as th... |
59.12.190 | Relief against forfeiture. | 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 provided in this chapter. The application m... |
59.12.200 | Appellate review—Stay bond. | 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 approved by the judge, conditioned to abi... |
59.12.210 | Effect of stay bond. | 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 ; RRS s 832. Prior: 1890 p 80 s 24 .] |
59.12.220 | Writ of restitution suspended pending appeal. | 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 of the allowance of such appeal; and upo... |
59.12.230 | Forcible entry and detainer—Penalty. | 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 direction of any court, tribunal or officer, s... |
59.16.010 | Unlawful detainer defined. | That any person who shall, without the permission of the owner and without having any color of title thereto, enter upon the lands of another, and shall refuse to remove therefrom after three days' notice, shall be deemed guilty of unlawful detainer and may be removed from such lands.
[ 1891 c 115 s 1 ; RRS s 834.]
Unl... |
59.16.020 | Pleadings, requirements. | The complaint in all cases under the provisions of this chapter shall be upon oath, and there shall be embodied therein or amended thereto an abstract of the plaintiff's title, and the defendant shall, in his or her answer, state whether he or she makes any claim of title to the lands described in the complaint, and if... |
59.16.030 | Issues—Trial. | It shall not be necessary for the plaintiff, in proceedings under this chapter, to allege or prove that the said lands were, at any time, actually occupied prior to the defendant's entry thereupon, but it shall be sufficient to allege that he or she is the legal owner and entitled to the immediate possession thereof: P... |
59.16.040 | Parties defendant—Trial of separate issues. | All persons in actual possession of any portion of the several subdivisions of any section of land, according to the government surveys thereof, may be made defendants in one action: PROVIDED, That they may, in their discretion, make separate answers to the complaint, and if separate issues are joined thereupon, the sa... |
59.18.010 | Short title. | RCW 59.18.010 through 59.18.420 and 59.18.900 shall be known and may be cited as the "Residential Landlord-Tenant Act of 1973", and shall constitute a new chapter in Title 59 RCW.
[ 1973 1st ex.s. c 207 s 1 .] |
59.18.020 | Rights and remedies—Obligation of good faith imposed. | Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.
[ 1973 1st ex.s. c 207 s 2 .] |
59.18.030 | Definitions. | *** CHANGE IN 2026 *** (SEE 5937-S.SL ) ***
As used in this chapter: (1) "Active duty" means service authorized by the president of the United States, the secretary of defense, or the governor for a period of more than 30 consecutive days. (2) "Certificate of inspection" means an unsworn statement, declaration, verific... |
59.18.040 | Living arrangements exempted from chapter. | The following living arrangements are not intended to be governed by the provisions of this chapter, unless established primarily to avoid its application, in which event the provisions of this chapter shall control: (1) Residence at an institution, whether public or private, where residence is merely incidental to det... |
59.18.050 | Jurisdiction of district and superior courts. | The district or superior courts of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter within the respective jurisdictions of the district or superior courts as... |
59.18.055 | Notice—Alternative procedure—Court's jurisdiction limited—Application to chapter59.20RCW. | (1) When the landlord, after the exercise of due diligence, is unable to personally serve the summons on the tenant, the landlord may use the alternative means of service as follows: (a) The summons and complaint shall be posted in a conspicuous place on the premises unlawfully held, not less than nine days from the re... |
59.18.057 | Notice—Form. | (1) Every 14-day notice served pursuant to RCW 59.12.030 (3) must be in substantially the following form: "TO: AND TO: ADDRESS: FOURTEEN-DAY NOTICE TO PAY RENT OR VACATE THE PREMISES You are receiving this notice because the landlord alleges you are not in compliance with the terms of the lease agreement by failing to ... |
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