Re: Eviction process- unlawful detainer complaint

Re: Eviction process- unlawful detainer complaint by Garry on July 4, 2019 @07:39

I'm from Iowa, and as far as I know, nobody on this forum is from Wash. state to be able to help you. In Iowa, I have done what you have done on posting and mailings, and our judges have accepted our proof of mailings, even though a T says they never received or saw the notices. Whether they will in Wash., I don't know. For that answer, you need to ask a lawyer, or read up on your state's LL/T laws, and your eviction laws.

Remember, in courts of law, if a judge finds you have done one little thing wrong, they will throw out the whole case, and make you start over again. That may mean another 60-90 days, which puts the eviction into the start of winter.

You said the water and power are currently off. What happens if you don't have possession back before winter sets in? It will get to zero in the house, and even if there is no pressure in the water lines, any water that's still just sitting there in those lines, can expand into ice and crack and break lines in several places. And you won't find those leaks untill you turn the water back again. Now you could be talking several thousand $ to rip out walls, and to hire a plumber to fix all the leaks.

Evicting someone, if you have not done it several times before like I have, is NOT something you should try to do yourself. HIRE that attorney by next Monday, and get the eviction done right THE FIRST TIME-------OR-----pay the guy what he wants, and hope to have him out by August 1.

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Re: Eviction process- unlawful detainer complaint by Brian on July 14, 2019 @19:13	[ Reply ]

I considered your advice, but decided to go ahead and file the unlawful detainer complaint, and use the sheriff's office to deliver the summons and complaint. Since the occupant is almost never at the house, they probably won't be able to deliver the summons, which will require a petition for alternative service. I had consulted a lawyer before doing this, but he wasn't familiar with the requirements of filing after a trustee sale, though he advised to use the 60 day notice to quit, since the bank that took possession of the house hadn't done so. They had offered the occupant $7500 to leave, which he ignored. I put July 31 as the date to answer the summons, which should give me time for both the regular service and alternative service (if by posting and mail, that must be done by the 22nd.

Re: Eviction process- unlawful detainer complaint by Brian on July 14, 2019 @19:26	[ Reply ]

I had offered him $500 and would allow him to leave 3 non-running vehicles on the property. This was Monday. When he didn't text back (only way to reach him) I filed the unlawful detainer suit Wednesday. He, of course, responded on Friday that "that sounded fair." (He has rejected my $500 offer many times over the last three months). When I told him I had filed the suit, but would still give him $400, his reply was "Oh ok...Well guess we can just let it play out". I doubt he was ever going to accept the $500 offer.

Re: Eviction process- unlawful detainer complaint by Brian on August 29, 2019 @19:45	[ Reply ]

It turns out the sheriff's office knew where the occupant was living and delivered the summons the day after it was filed. I still had to wait until August 1 to petition for a default judgement, since the occupant didn't respond to the complaint. On August 9 the judge signed the default judgment and granted the writ of restitution. I changed the locks and removed all the occupants possessions on August 20. Now on to the repairs. Total cost was $320, plus the $50 to buy a set of forms for Washington state by an organization called the Lawyers Bureau. It included every form I needed and dozens of others for every situation a landlord might face.

Re: Eviction process- unlawful detainer complaint - Landlord Forum thread 359474