Before we examine the details of the statutes which relate to unlawful detainer actions your first question might be, “What is an unlawful detainer?”<\/p>\n
If a person<\/a> possesses real property without a right to do so, the person<\/a> is then described as unlawfully detaining the property. This can happen in several ways:<\/p>\n Such possession entitles the owner of the property to file a lawsuit<\/a> for “unlawful detainer,” asking the court to return possession of the real property by court order. An unlawful detainer suit may<\/a> also request a judgment<\/a> against the tenant for unpaid rent and damages<\/a><\/p>\n The RCWs that control the service of the summons in unlawful detainer actions are set forth in RCW 59.12<\/a> and RCW 59.18<\/a>. As mentioned in another section of this course, the provisions of RCW 59.18<\/a> only apply to residential landlord<\/a>-tenant matters. That said, as you will see below, the provisions of both statutes are almost identical with regard to serving a summons and complaint<\/a>.<\/p>\n 59.12.070<\/a><\/span><\/em> There are two items of note in the above RCW.<\/p>\n First <\/strong>– The summons is issued with a return date. This is the date by which the tenant must respond if he is going to do so.<\/p>\n Second <\/strong>– The return date “shall not be less than seven nor more than thirty days from the date of service.” For example, if the return date is set for the 20th then the deadline for service is the 13th. If service is not accomplished by the deadline a new summons must be issued. Some attorneys use “self amending” wording to circumvent this problem. Self amending wording is similar to “… on the 7th day following service upon you.”<\/p>\n 59.12.080<\/a><\/span> Only the last sentence is of importance to the process server and it deals with two issues to which the server must pay attention.<\/p>\n First <\/strong>– Service is to be conducted “in the same manner as summons in other actions.” This refers back to RCW 4.28.080<\/a> which is discussed in great detail elsewhere in this course. Since most unlawful detainer actions are of a residential nature subsection (15) is of particular importance.<\/p>\n Second <\/strong>– The process server’s “return” or “proof” is to be of the same style as for a summons. This will be either a Declaration<\/a> of Service or an Affidavit<\/a> of Service.<\/p>\n Don’t be concerned about the mention of “at least five days before the return day designated therein”, this applies only if the service is being accomplished by publication which is not within the purview of the process server.<\/p>\n 59.18.365<\/a> (in part)<\/span><\/em>\n
\n Complaint<\/a> — Summons.<\/span><\/em>
\n The plaintiff in his or her complaint<\/a>, which shall be in writing, must set forth the facts on which he or she seeks to recover, and describe the premises with reasonable<\/a> certainty, and may<\/a> set forth therein any circumstances of fraud, force or violence, which may<\/a> have accompanied the forcible entry or forcible or unlawful detainer, and claim<\/a> damages<\/a> therefore, or compensation for the occupation of the premises, or both; in case<\/a> the unlawful detainer charged be after default<\/a> in the payment of rent, the complaint<\/a> must state the amount of such rent. A summons must be issued as in other cases, returnable at a day designated therein, which shall not be less than seven nor more than thirty days from the date of service, except in cases where the publication of summons is necessary, in which case<\/a> the court or judge<\/a> thereof may<\/a> order that the summons be made returnable at such time as may<\/a> be deemed proper, and the summons shall specify the return day so fixed.<\/span><\/em><\/p>\n
\n Summons — Contents — Service.<\/span>
\n 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<\/a>, in concise terms, and the relief sought, and also the return day; and must notify the defendant<\/a> to appear and answer<\/a> within the time designated or that the relief sought will be taken against him. The summons must be directed to the defendant<\/a>, and in case<\/a> of summons by publication, be served at least five days before the return day designated therein. The summons must be served and returned in the same manner as summons in other actions is served and returned.<\/span><\/p>\n
\nUnlawful detainer action<\/a> — Summons — Form.<\/span><\/em><\/p>\n