Washington Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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US-03314BG
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Description

Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

An ejectment action is not based on the defendant's failure to comply with a notice; rather, it is initiated to determine who has a superior title, and thus, the superior right to possession.

An eviction (Writ of Restitution) involves a tenant being ordered by the court to leave a residence. The court follows the tenant-landlord act of the State of Washington. More information about these laws can be found at the Revised Code of Washington RCW 59.12, RCW 59.18, and RCW 59.20.

Starting June 2022, a landlord must allow you to pay rent by personal check unless one of your rent checks bounced in the last 9 months. Landlords must also accept rent paid by cashier's check or money order. Landlords cannot require you to make rent payments by electronic means only.

Eviction filings go on your record permanently. Once the landlord files the unlawful detainer lawsuit against you with the court, you will have the eviction on your record permanently, even if you are wrongly evicted or you win in court.

If a tenant being evicted for non-payment of rent loses in eviction court, but has an unexpired lease term, the tenant can reinstate the tenancy by paying off the full amount of the judgment into the court registry. See RCW 59.18.

Washington laws dictate that a tenant has 3-5 days to move out of the property depending on the reason for eviction. If the tenant is being evicted for failure to pay timely rent, they have 5 days to move out upon posting of the Writ of Restitution. For all other reasons, the tenant has 3 days only to move out.

New laws affecting renters in Washington State in 2023 Within 30 days after a tenant moves out, the landlord must either return the full security deposit or give the tenant a written statement documenting why they kept some or all of it.

Eviction in Washington State is called ?unlawful detainer.? The unlawful detainer process generally takes about a month from start to finish. Some tenants choose to leave within the 14-day timeline because vacating may allow them to avoid the eviction lawsuit.

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Washington Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand