Revised Code of Washington
Chapter 59.18 - Residential Landlord-Tenant Act.
59.18.390 - Forcible entry or detainer or unlawful detainer actions—Writ of restitution—Service—Tenant's bond—Notice.

RCW 59.18.390
Forcible entry or detainer or unlawful detainer actions—Writ of restitution—Service—Tenant's bond—Notice.

(1) The sheriff shall, upon receiving the writ of restitution, forthwith serve a copy thereof upon the tenant, his or her agent, or attorney, or a person in possession of the premises, and shall not execute the same for three days thereafter. After the issuance of a writ of restitution, acceptance of a payment by the landlord that only partially satisfies the judgment will not invalidate the writ unless pursuant to a written agreement executed by both parties. The eviction will not be postponed or stopped unless a copy of that written agreement is provided to the sheriff. It is the responsibility of the tenant to ensure a copy of the agreement is provided to the sheriff. Upon receipt of the agreement, the sheriff will cease action unless ordered to do otherwise by the court. The writ of restitution and the notice that accompanies the writ of restitution required under RCW 59.18.312 shall conspicuously state in bold face type, all capitals, not less than twelve points information about partial payments as set forth in subsection (2) of this section. If the writ of restitution has been based upon a finding by the court that the tenant, subtenant, sublessee, or a person residing at the rental premises has engaged in drug-related activity or has allowed any other person to engage in drug-related activity at those premises with his or her knowledge or approval, neither the tenant nor a person in possession of the premises shall be entitled to post a bond in order to retain possession of the premises. The writ may be served by the sheriff, in the event he or she shall be unable to find the tenant, an agent or attorney, or a person in possession of the premises, by affixing a copy of the writ in a conspicuous place upon the premises: PROVIDED, That the sheriff shall not require any bond for the service or execution of the writ. The sheriff shall be immune from all civil liability for serving and enforcing writs of restitution unless the sheriff is grossly negligent in carrying out his or her duty.
(2) The notice accompanying a writ of restitution required under RCW 59.18.312 shall be substantially similar to the following:
IMPORTANT NOTICE - PARTIAL PAYMENTS
YOUR LANDLORD'S ACCEPTANCE OF A PARTIAL PAYMENT FROM YOU AFTER SERVICE OF THIS WRIT OF RESTITUTION WILL NOT AUTOMATICALLY POSTPONE OR STOP YOUR EVICTION. IF YOU HAVE A WRITTEN AGREEMENT WITH YOUR LANDLORD THAT THE EVICTION WILL BE POSTPONED OR STOPPED, IT IS YOUR RESPONSIBILITY TO PROVIDE A COPY OF THE AGREEMENT TO THE SHERIFF. THE SHERIFF WILL NOT CEASE ACTION UNLESS YOU PROVIDE A COPY OF THE AGREEMENT. AT THE DIRECTION OF THE COURT THE SHERIFF MAY TAKE FURTHER ACTION.

[ 2019 c 356 § 8; 2011 c 132 § 19; 1997 c 255 § 1; 1989 c 342 § 11; 1988 c 150 § 3; 1973 1st ex.s. c 207 § 40.]
NOTES:

Intent—2019 c 356: See note following RCW 59.12.030.


Legislative findings—Severability—1988 c 150: See notes following RCW 59.18.130.

Structure Revised Code of Washington

Revised Code of Washington

Title 59 - Landlord and Tenant

Chapter 59.18 - Residential Landlord-Tenant Act.

59.18.010 - Short title.

59.18.020 - Rights and remedies—Obligation of good faith imposed.

59.18.030 - Definitions.

59.18.040 - Living arrangements exempted from chapter.

59.18.050 - Jurisdiction of district and superior courts.

59.18.055 - Notice—Alternative procedure—Court's jurisdiction limited—Application to chapter 59.20 RCW.

59.18.057 - Notice—Form.

59.18.058 - Notice—Translated versions—Legal or advocacy resource information.

59.18.060 - Landlord—Duties.

59.18.063 - Landlord—Written receipts for payments made by tenant.

59.18.065 - Landlord—Copy of written rental agreement to tenant.

59.18.070 - Landlord—Failure to perform duties—Notice from tenant—Contents—Time limits for landlord's remedial action.

59.18.075 - Seizure of illegal drugs—Notification of landlord.

59.18.080 - Payment of rent condition to exercising remedies—Exceptions.

59.18.085 - Rental of condemned or unlawful dwelling—Tenant's remedies—Relocation assistance—Penalties.

59.18.090 - Landlord's failure to remedy defective condition—Tenant's choice of actions.

59.18.100 - Landlord's failure to carry out duties—Repairs effected by tenant—Procedure—Deduction of cost from rent—Limitations.

59.18.110 - Failure of landlord to carry out duties—Determination by court or arbitrator—Judgment against landlord for diminished rental value and repair costs—Enforcement of judgment—Reduction in rent under certain conditions.

59.18.115 - Substandard and dangerous conditions—Notice to landlord—Government certification—Escrow account.

59.18.120 - Defective condition—Unfeasible to remedy defect—Termination of tenancy.

59.18.125 - Inspections by local municipalities—Frequency—Number of rental properties inspected—Notice—Appeals—Penalties.

59.18.130 - Duties of tenant.

59.18.140 - Reasonable obligations or restrictions—Tenant's duty to conform—Landlord's duty to provide written notice in increase of rent.

59.18.150 - Landlord's right of entry—Purposes—Searches by fire officials—Searches by code enforcement officials for inspection purposes—Conditions.

59.18.160 - Landlord's remedies if tenant fails to remedy defective condition.

59.18.170 - Landlord to give notice if tenant fails to carry out duties—Late fees.

59.18.180 - Tenant's failure to comply with statutory duties—Landlord to give tenant written notice of noncompliance—Landlord's remedies.

59.18.190 - Notice to tenant to remedy nonconformance.

59.18.200 - Tenancy from month to month or for rental period—End of tenancy—Armed forces exception—Exclusion of children—Conversion to condominium—Demolition, substantial rehabilitation of the premises—Notice.

59.18.210 - Tenancies from year to year except under written contract.

59.18.220 - End of tenancy for a specified time—Armed forces exception.

59.18.230 - Waiver of chapter provisions prohibited—Provisions prohibited from rental agreement—Distress for rent abolished—Detention of personal property for rent—Remedies.

59.18.240 - Reprisals or retaliatory actions by landlord—Prohibited.

59.18.250 - Reprisals or retaliatory actions by landlord—Presumptions—Rebuttal—Costs.

59.18.253 - Deposit to secure occupancy by tenant—Landlord's duties—Violation.

59.18.255 - Source of income—Landlords prohibited from certain acts—Violation—Penalties.

59.18.257 - Screening of prospective tenants—Notice to prospective tenant—Costs—Adverse action notice—Violation.

59.18.260 - Moneys paid as deposit or security for performance by tenant—Written rental agreement to specify terms and conditions for retention by landlord—Written checklist required.

59.18.270 - Moneys paid as deposit or security for performance by tenant—Deposit by landlord in trust account—Receipt—Remedies under foreclosure—Claims.

59.18.280 - Moneys paid as deposit or security for performance by tenant—Statement and notice of basis for retention—Remedies for landlord's failure to make refund.

59.18.283 - Moneys paid by tenant—Landlord must apply toward rent—Tenant's right to possession—Installment payment plans.

59.18.285 - Nonrefundable fees not to be designated as deposit—Written rental agreement required—Remedies.

59.18.290 - Removal or exclusion of tenant from premises—Holding over or excluding landlord from premises after termination date—Attorneys' fees.

59.18.300 - Termination of tenant's utility services—Tenant causing loss of landlord provided utility services.

59.18.310 - Default in rent—Abandonment—Liability of tenant—Landlord's remedies—Sale of tenant's property by landlord, deceased tenant exception.

59.18.312 - Writ of restitution—Storage and sale of tenant's property—Use of proceeds from sale—Service by sheriff, form.

59.18.315 - Mediation of disputes by independent third party.

59.18.320 - Arbitration—Authorized—Exceptions—Notice—Procedure.

59.18.330 - Arbitration—Application—Hearings—Decisions.

59.18.340 - Arbitration—Fee.

59.18.350 - Arbitration—Completion of arbitration after giving notice.

59.18.352 - Threatening behavior by tenant—Termination of agreement—Written notice—Financial obligations.

59.18.354 - Threatening behavior by landlord—Termination of agreement—Financial obligations.

59.18.360 - Exemptions.

59.18.363 - Unlawful detainer action—Distressed home, previously.

59.18.365 - Unlawful detainer action—Summons—Form.

59.18.367 - Unlawful detainer action—Limited dissemination authorized, when.

59.18.370 - Forcible entry or detainer or unlawful detainer actions—Writ of restitution—Application—Order—Hearing.

59.18.380 - Forcible entry or detainer or unlawful detainer actions—Writ of restitution—Answer—Order—Stay—Bond.

59.18.390 - Forcible entry or detainer or unlawful detainer actions—Writ of restitution—Service—Tenant's bond—Notice.

59.18.400 - Forcible entry or detainer or unlawful detainer actions—Writ of restitution—Answer of defendant.

59.18.410 - Forcible entry or detainer or unlawful detainer actions—Notice of default—Writ of restitution—Judgment—Execution.

59.18.415 - Applicability to certain single-family dwelling leases.

59.18.420 - RCW 59.12.090, 59.12.100, 59.12.121, and 59.12.170 inapplicable.

59.18.430 - Applicability to prior, existing or future leases.

59.18.435 - Applicability to proprietary leases.

59.18.440 - Relocation assistance for low-income tenants—Certain cities, towns, counties, municipal corporations authorized to require.

59.18.450 - Relocation assistance for low-income tenants—Payments not considered income—Eligibility for other assistance not affected.

59.18.500 - Gang-related activity—Legislative findings, declarations, and intent.

59.18.510 - Gang-related activity—Notice and demand the landlord commence unlawful detainer action—Petition to court—Attorneys' fees.

59.18.550 - Drug and alcohol free housing—Program of recovery—Terms—Application of chapter.

59.18.570 - Victim protection—Definitions.

59.18.575 - Victim protection—Notice to landlord—Termination of rental agreement—Procedures.

59.18.580 - Victim protection—Limitation on tenant screening service provider disclosures and landlord's rental decisions.

59.18.585 - Victim protection—Possession of dwelling unit—Exclusion of others—New lock or key.

59.18.590 - Death of a tenant—Designated person.

59.18.595 - Death of a tenant—Landlord duties—Disposition of property procedures—Liability.

59.18.610 - Installments—Deposits, nonrefundable fees, and last month's rent—Statutory penalty.

59.18.620 - Definitions applicable to RCW 59.18.625 and 59.18.630.

59.18.625 - Late fees, charges for nonpayment of rent due between March 1, 2020, and six months after eviction moratorium expiration—Violations—Penalties.

59.18.630 - Eviction moratorium—Unpaid rent—Repayment plans—Rental assistance.

59.18.640 - Indigent tenants.

59.18.650 - Eviction of tenant, refusal to continue tenancy, end of periodic tenancy—Cause—Notice—Penalties.

59.18.660 - Eviction resolution pilot program.

59.18.670 - Security deposit—Landlord waiver, disclosure form—Fee in lieu—Claims for losses—Judicial action, collection activity—Violation.

59.18.900 - Severability—1973 1st ex.s. c 207.

59.18.911 - Effective date—1989 c 342.

59.18.912 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.