Eviction Complaint (Unlawful Detainer) — Washington

COMPLAINT FOR UNLAWFUL DETAINER (RESIDENTIAL)

(Chapters 59.12 and 59.18 RCW)

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Premises and Tenancy
4. Pre-Suit Notice and Just Cause
5. Cause of Action — Unlawful Detainer
6. Damages: Past-Due Rent, Holdover Rent, Attorneys' Fees
7. Application for Order to Show Cause / Writ of Restitution
8. Conditions Precedent and Compliance
9. Prayer for Relief
10. Verification (RCW 59.18.365)
11. Signature Block
12. Exhibits (Index)
13. Washington Practice Notes
14. Sources and References

1. CAPTION

SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF [____________________]

Case No. [____________________]

COMPLAINT FOR UNLAWFUL DETAINER

(Residential — RCW 59.18; Service of Summons per RCW 59.18.365)

Plaintiff alleges and states as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [LANDLORD NAME] ("Landlord") is the owner / authorized landlord of the residential rental premises located at [PREMISES ADDRESS, UNIT, CITY, COUNTY, WA, ZIP] (the "Premises"). Plaintiff is a [☐ natural person; ☐ Washington limited liability company; ☐ Washington corporation; ☐ foreign entity registered with the Washington Secretary of State; ☐ other: ____].

2.2. Defendant [TENANT NAME] ("Tenant") is, on information and belief, an adult resident of the Premises, and may be served at the Premises and/or at [SERVICE ADDRESS].

2.3. Defendants "All Other Occupants" are all other persons occupying the Premises whose identities are unknown to Plaintiff. Plaintiff seeks possession against all such occupants per RCW 59.18.365 and CR 4(d)(2).

2.4. Subject-matter jurisdiction. This Court has jurisdiction under RCW 59.12.070 (residential unlawful detainer is within the original jurisdiction of the superior court) and RCW 2.08.010.

2.5. Venue. Venue is proper in [COUNTY] County under RCW 59.12.080 because the Premises are located in this county, and under RCW 4.12.010 (real-property actions).

2.6. Right to bring action. Plaintiff has standing to bring this action as the owner/landlord and authorized agent (if applicable) of the Premises and is the named lessor of the rental agreement.

3. THE PREMISES AND TENANCY

3.1. The Premises are residential rental premises governed by the Residential Landlord-Tenant Act, chapter 59.18 RCW. The Premises are not a transient hotel/motel, hospital, school dormitory, or other tenancy excluded by RCW 59.18.040.

3.2. On or about [__/__/____], Plaintiff and Defendant Tenant entered into a [☐ written; ☐ oral] rental agreement (the "Rental Agreement") under which Tenant was permitted to occupy the Premises in exchange for monthly rent of $[__________], payable on the [____ day] of each month.

3.3. The Rental Agreement is [☐ a fixed-term lease commencing [__/__/____] and ending [__/__/____]; ☐ a month-to-month tenancy; ☐ other periodic tenancy: ____]. A true and correct copy of the written Rental Agreement is attached as Exhibit A (or, if oral, Exhibit A is omitted and the terms are pleaded in this paragraph).

3.4. Tenant entered into possession of the Premises on or about [__/__/____] and has continued in possession to the present.

3.5. Subsidy / program (if applicable). [☐ Not applicable; ☐ Section 8 Housing Choice Voucher; ☐ Project-based Section 8; ☐ LIHTC; ☐ public housing; ☐ other: ____]. Plaintiff has complied with all program-specific termination rules.

3.6. Federally backed mortgage / "covered dwelling" (CARES Act). The Premises [☐ are; ☐ are not] a "covered dwelling" under 15 U.S.C. § 9058(a)(2). [If covered: A 30-day notice was served on [__/__/____] consistent with 15 U.S.C. § 9058(c).]

3.7. Local jurisdiction. The Premises are located within [☐ City of Seattle; ☐ City of Tacoma; ☐ City of Burien; ☐ City of Federal Way; ☐ City of Kenmore; ☐ unincorporated [COUNTY]; ☐ other: ____], and Plaintiff has complied with all applicable local just-cause, registration, and pre-suit ordinance requirements. [If Seattle: RRIO registration #____; SMC 22.206.160 just cause cited.] [If Tacoma: TMC ch. 1.100 compliance attested.]

4. PRE-SUIT NOTICE AND JUST CAUSE

4.1. Plaintiff served Defendant Tenant with a [☐ Fourteen-Day Notice to Pay Rent or Vacate (RCW 59.18.057); ☐ Ten-Day Notice to Comply or Vacate (RCW 59.12.030(4)); ☐ Three-Day Notice to Quit for Waste/Nuisance/Unlawful Activity (RCW 59.12.030(5)); ☐ [____]-Day Notice of Termination of Tenancy under RCW 59.18.650(2)([__])] dated [__/__/____] (the "Notice"), a true and correct copy of which is attached as Exhibit B, together with a Declaration of Service attached as Exhibit C.

4.2. The Notice was served on [__/__/____] by [☐ personal service; ☐ substitute service plus first-class mail; ☐ post-and-mail after diligent attempts] consistent with RCW 59.12.040.

4.3. The Notice complies with the substantive form requirements of [☐ RCW 59.18.057 (14-day form, including verbatim tenant-rights resource disclosures); ☐ RCW 59.12.030 (other applicable subsection)] and identifies the just-cause ground at RCW 59.18.650(2)([__]).

4.4. Just cause. Plaintiff identifies the following just-cause ground under RCW 59.18.650(2):

4.5. Notice period elapsed. The notice period required by the applicable statute expired on [__/__/____]. Tenant did not [☐ pay the total amount due; ☐ cure the breach; ☐ vacate the Premises] within the notice period and remains in possession unlawfully.

4.6. Application of payments (RCW 59.18.063). All payments tendered by Tenant during the notice period (if any) were applied first to past-due rent in chronological order as required by RCW 59.18.063, and a true and correct ledger reflecting such application is attached as Exhibit D.

4.7. No waiver. Plaintiff has not accepted any payment or tendered any course of dealing inconsistent with the Notice or otherwise waived the breach or default.

4.8. No retaliation. This action is not brought in retaliation against Tenant for any protected activity under RCW 59.18.240, the Fair Housing Act, or the Washington Law Against Discrimination.

5. CAUSE OF ACTION — UNLAWFUL DETAINER

5.1. Plaintiff incorporates paragraphs 2.1 through 4.8 as if fully set forth.

5.2. By continuing in possession of the Premises after the expiration of the notice period without curing the default and without delivering possession, Tenant is guilty of unlawful detainer under RCW 59.12.030([__]) and is subject to eviction.

5.3. Plaintiff is entitled to immediate restitution of the Premises pursuant to RCW 59.12.090 and RCW 59.18.380, including issuance of a writ of restitution following an order to show cause hearing.

5.4. Plaintiff is entitled to double damages for the value of the unlawfully detained property under RCW 59.12.170 if Tenant's holdover is found to be willful and absent affirmative defense (this remedy is requested in the Prayer below but is subject to the court's discretion under RLTA practice).

6. DAMAGES: PAST-DUE RENT, HOLDOVER RENT, ATTORNEYS' FEES

6.1. Past-due rent. As of the date of this complaint, Tenant owes past-due rent in the amount of $[__________] for the period [__/__/____ through __/__/____], as itemized in Exhibit D.

6.2. Reasonable rental value (holdover). Plaintiff is entitled to the reasonable rental value of the Premises for each day Tenant continues in unlawful possession, in an amount of $[__________ per day] (calculated as the monthly rent divided by 30), accruing from [__/__/____] to the date of restitution.

6.3. Late fees, utility charges, and other periodic charges. Subject to RCW 59.18.063 and any applicable rental agreement, Plaintiff seeks $[__________] in [☐ late fees; ☐ utility reimbursements; ☐ other periodic charges] as set forth in Exhibit D. (Note: such charges may not be included in the 14-day pay-or-vacate notice and are pleaded here as separate contract damages.)

6.4. Attorneys' fees and costs. Plaintiff is entitled to reasonable attorneys' fees and costs pursuant to the Rental Agreement § [____] and RCW 59.18.290 (mutual fee provision; subject to the cap in RCW 59.18.290(2) limiting prevailing-landlord fees in certain default cases to the greater of two months' rent or $1,200).

6.5. Damages to the Premises (if any). Plaintiff reserves a separate claim or counterclaim for damages to the Premises beyond ordinary wear and tear (RCW 59.18.260–.285, security deposit accounting), to be liquidated after possession is recovered.

7. APPLICATION FOR ORDER TO SHOW CAUSE / WRIT OF RESTITUTION

7.1. Plaintiff applies, under RCW 59.18.370, for an Order to Show Cause Why a Writ of Restitution Should Not Issue, returnable at the next available motion docket but not less than seven (7) days from the date of service.

7.2. Plaintiff requests that the Order to Show Cause direct Tenant to appear and show cause why a writ of restitution should not issue immediately upon hearing per RCW 59.18.380.

7.3. Plaintiff is willing to post any bond required under RCW 59.18.380 as a condition of issuance of a pre-judgment writ.

7.4. Plaintiff requests that, if Tenant raises a defense of habitability or repair-and-deduct, the court order Tenant to pay accruing rent into the court registry per RCW 59.18.390 and CR 67 pending resolution.

7.5. Plaintiff requests that the writ of restitution authorize the sheriff to remove Tenant and All Other Occupants and to deliver possession of the Premises to Plaintiff per RCW 59.18.390 and RCW 59.12.130.

8. CONDITIONS PRECEDENT AND COMPLIANCE

8.1. All conditions precedent to bringing this action have been performed, have occurred, or have been waived.

8.2. The Eviction Resolution Pilot Program under RCW 59.18.660 expired July 1, 2023, and no DRC certificate is required as a precondition of filing. To the extent any local court rule (e.g., King County LCR 4.2 or Pierce County local rule) imposes a mediation referral, Plaintiff has complied or will comply per the local rule.

8.3. Plaintiff has not engaged in any self-help eviction prohibited by RCW 59.18.290.

8.4. Plaintiff has complied with the Just Cause Eviction Ordinance (SMC 22.206.160) (if Seattle), the Tacoma Landlord Fairness Code (TMC ch. 1.100) (if Tacoma), and any other applicable local ordinance.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants as follows:

A. For an Order to Show Cause under RCW 59.18.370 directing Defendants to appear and show cause why a writ of restitution should not issue;

B. For a Writ of Restitution under RCW 59.18.380 and RCW 59.12.090 directing the sheriff to remove Defendants and All Other Occupants and to restore Plaintiff to possession of the Premises;

C. For judgment of restitution of the Premises in favor of Plaintiff;

D. For money judgment for past-due rent in the amount of $[__________] plus accruing rent at the rate of $[__________ per month] through the date of restitution;

E. For double damages under RCW 59.12.170 to the extent permitted by law;

F. For late fees, utility reimbursements, and other contract damages in the amount of $[__________] as itemized in Exhibit D;

G. For damages to the Premises beyond ordinary wear and tear, to be proven;

H. For reasonable attorneys' fees and costs under the Rental Agreement and RCW 59.18.290 (subject to applicable statutory caps);

I. For pre- and post-judgment interest at the legal rate;

J. For such other and further relief as the Court deems just and equitable.

10. VERIFICATION (RCW 59.18.365)

I, [LANDLORD NAME OR AUTHORIZED AGENT], declare under penalty of perjury under the laws of the State of Washington that I am the [☐ Plaintiff; ☐ authorized agent of Plaintiff] in this action; that I have read the foregoing Complaint for Unlawful Detainer; and that the factual allegations therein are true and correct to the best of my knowledge.

Executed at [CITY], Washington, on [__/__/____].

_________________________________
[NAME OF DECLARANT]
Title: [____________________________]

11. SIGNATURE BLOCK

DATED this ____ day of __________________, 20____.

Respectfully submitted,

_________________________________
[ATTORNEY NAME], WSBA No. [______]
Attorneys for Plaintiff
[FIRM NAME]
[ADDRESS]
[PHONE] | [FAX] | [EMAIL]

(Or, if Plaintiff is pro se:)

_________________________________
[PLAINTIFF NAME], Pro Se
[ADDRESS] | [PHONE] | [EMAIL]

12. EXHIBITS (INDEX)

13. WASHINGTON PRACTICE NOTES

1. Summons (RCW 59.18.365). File a separate statutory summons that:
   - States response deadline as "5:00 p.m. on [date]";
   - Includes mandatory tenant-rights warnings (free legal aid, Eviction Defense Screening Line (855) 657-8387, dispute resolution centers, right to court-appointed counsel for indigent tenants);
   - Provides street address (and fax if available) for service of response;
   - Permits response by mail (3 days before deadline), fax, or hand delivery.

2. OSC and show-cause hearing (RCW 59.18.370 / .380). The OSC procedure permits the landlord to obtain expedited possession. At the show-cause hearing, the tenant may answer orally or in writing and assert any legal or equitable defense. If material disputed facts exist, the court sets the matter for trial (typically 30 days out) and may impose conditions (rent into registry).

3. Writ of restitution (RCW 59.18.380, .390). Returnable 10 days after issuance. Bond may be required for pre-judgment writs. Tenant has 3 days after service of writ to pay rent + monthly amount into the court registry to stay execution pending final judgment.

4. Right to counsel (RCW 59.18.640). Court must appoint counsel for indigent tenants. The Office of Civil Legal Aid coordinates appointed counsel statewide. Build delay into your timeline for appointment.

5. Defenses to anticipate.
   - Defective notice (form, content, service, period, calculation of amount due)
   - Habitability / RCW 59.18.060–.090; repair-and-deduct (RCW 59.18.100)
   - Retaliation (RCW 59.18.240; 90-day rebuttable presumption)
   - Discrimination (RCW 49.60.222; FHA 42 U.S.C. § 3604; reasonable accommodation)
   - Waiver / estoppel / acceptance of rent
   - Self-help / lockout damages (RCW 59.18.290 — counterclaim)
   - Security deposit setoff / accounting (RCW 59.18.260–.285)
   - Failure to comply with just-cause requirement (RCW 59.18.650)
   - Bad-faith owner-occupancy / sale / rehabilitation (RCW 59.18.650(3)–(5))
   - Local-ordinance defenses (Seattle JCEO defects, Tacoma cold-weather/school-year, RRIO non-registration)
   - Sub-lessee / interested-party right to cure (RCW 59.12.030(4))
   - CARES Act notice deficiency
   - Rental assistance pending (RCW 59.18.410 court discretion)

6. Local rules to consult.
   - King County: LCR 4.2 (mediation track), LR 7 (motion practice), LR 40 (trial scheduling), Ex Parte calendar.
   - Pierce County: PCLSPR 59.18, mediation referral, OSC calendar.
   - Snohomish County: SCLLR 4.2; OSC calendar.
   - Spokane County: Spokane LCR 7; show-cause docket.
   - Clark County, Thurston County, Whatcom County: verify local rules.

7. Filing fee. Superior court civil filing fee plus surcharges; verify current fee schedule for the county.

8. Service of summons and complaint. Personal service by sheriff or process server under CR 4 and RCW 4.28. Substitute service per CR 4(d)(2)(A) or post-and-mail under RCW 59.18.365 may be permitted in unlawful detainer.

9. Electronic filing. Most superior courts accept or require e-filing through the Washington State Courts Portal. Verify county e-filing rules.

10. Settlement. Consider mediation through the local Dispute Resolution Center (https://www.resolutionwa.org). Consider stipulated payment plans (RCW 59.18.410) or stay agreements.

14. SOURCES AND REFERENCES

Statutes

• RCW 59.12.030 — Unlawful detainer grounds: https://app.leg.wa.gov/RCW/default.aspx?cite=59.12.030
• RCW 59.12.040 — Service of pre-suit notice: https://app.leg.wa.gov/RCW/default.aspx?cite=59.12.040
• RCW 59.12.070 — Jurisdiction (superior court): https://app.leg.wa.gov/RCW/default.aspx?cite=59.12.070
• RCW 59.12.080 — Venue: https://app.leg.wa.gov/RCW/default.aspx?cite=59.12.080
• RCW 59.12.090 — Writ of restitution: https://app.leg.wa.gov/RCW/default.aspx?cite=59.12.090
• RCW 59.12.130 — Return of writ: https://app.leg.wa.gov/RCW/default.aspx?cite=59.12.130
• RCW 59.12.170 — Double damages: https://app.leg.wa.gov/RCW/default.aspx?cite=59.12.170
• RCW 59.18.057 — 14-day pay-or-vacate form: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.057
• RCW 59.18.060–.090 — Landlord duties / habitability: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.060
• RCW 59.18.063 — Application of payments: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.063
• RCW 59.18.240 — Retaliation: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.240
• RCW 59.18.260–.285 — Security deposits: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.260
• RCW 59.18.290 — Self-help prohibited: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.290
• RCW 59.18.365 — Unlawful detainer summons: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.365
• RCW 59.18.370 — Order to show cause: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.370
• RCW 59.18.380 — Show-cause hearing: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.380
• RCW 59.18.390 — Writ of restitution: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.390
• RCW 59.18.410 — Judgment / rent into registry: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.410
• RCW 59.18.640 — Right to counsel: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.640
• RCW 59.18.650 — Just Cause Eviction: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.650
• RCW 49.60.222 — WLAD: https://app.leg.wa.gov/RCW/default.aspx?cite=49.60.222
• ESSB 5160 (2021 c 115): https://lawfilesext.leg.wa.gov

Civil Rules

• CR 3, 4, 7, 8, 11, 67 — Washington Civil Rules: https://www.courts.wa.gov/court_rules

Local Ordinances

• Seattle Mun. Code 22.206.160 (Just Cause): https://library.municode.com/wa/seattle
• Tacoma Mun. Code ch. 1.100 (Landlord Fairness Code): https://cms.cityoftacoma.org

Federal

• 15 U.S.C. § 9058 (CARES Act 30-day notice): https://www.govinfo.gov
• 42 U.S.C. § 3601 et seq. (Fair Housing Act)

Tenant Resources

• Eviction Defense Screening Line: (855) 657-8387
• Office of Civil Legal Aid: https://ocla.wa.gov
• Washington Law Help: https://www.washingtonlawhelp.org
• Resolution Washington: https://www.resolutionwa.org

END OF COMPLAINT