Eviction Process State of Washington

Asked over 4 years ago - Everett, WA

1) Have been issued 3 day pay or vacate, time passed

2) Received summons and complaint and now have court date.

3) Made partial payment today into their bank account as that is how all payments are made.

Does the partial payment now mean that they cannot proceed with evictions?

Attorney answers (2)

  1. Elizabeth Rankin Powell

    Contributor Level 20

    Answered . Once the three days passed, you were unlawfully detaining the premises. If you were served a summons and complaint, if you did not answer or appear there will be no court date and the landlord can default you. Be sure that you appeared or answered.

    Making a partial payment will not stop the eviction so long as ANY amount of rent remains due or payable. If you have a lease that has not by its terms expired, you can pay off the entire judgment (including attorney fees and costs of suit) within five judicial days of when the judgment was entered and be restored to your tenancy RCW 59 18 410.

    If you do not have a lease then you will be credited for the amount you paid, but it won't stop the eviction. That said there is a federal lawsuit in Seattle right now over the propriety of requesting late fees and other charges in a 3-day, which is supposed to be just for rent.

    http://www.washingtonlawhelp.org will get you to Housing Justice, and they may have some resources that can help you further. Elizabeth Powell

  2. Frank J Prohaska

    Contributor Level 8

    Answered . Partial payment will not stop the eviction. It will mitigate damages your landlord may claim for unpaid rents and potential property damage. Once the 3 day pay or vacate was provided to you and that time passed without full payment, your landlord was permitted to proceed with eviction. Since you have only paid a partial amount, the court will probably take that into account if the landlord is also seeking an award of monetary damages as part of the unlawful detainer, however, the court will most likely issue the writ of restitution. Your best option may be to relocate as soon as you can in order to avoid having the Snohomish County Sheriff come to execute the writ. Before leaving the premises, you need to clean it and document the final condition of the premises by photographs and/ or video. Chances are good your landlord will try to tack on extra charges for alleged property damages. If you have documentation to refute that it will help you fight any additional charges they may try to get. I also suggest you review RCW 59.12 and RCW 59.18--they can be found here: http://apps.leg.wa.gov/RCW/default.aspx?cite=59

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

22,639 answers this week

2,918 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

22,639 answers this week

2,918 attorneys answering