By: Cayden Hennessey, Summer Associate, and Mack Mayo, Shareholder
The Washington Supreme Court was recently asked to decide if a tenant’s notice of appearance, rather than a formal “answer,” is sufficient to avoid a default judgment. The Court answered in the affirmative.
In residential evictions, landlords commence the eviction by serving the tenant with a summons and complaint. The tenant can either serve a formal answer or a notice of appearance in response. By responding to the summons, the tenant is required to be notified of the show cause hearing date. If the tenant is absent from the hearing after receiving notice, they can be evicted through a default judgment ordered by the court.
In Shanga v. Keen, the tenants stopped paying rent for around six months. The landlord served a pay or vacate notice. After the tenant neither paid nor vacated per the notice, the landlord then filed an action and served the tenants with a summons and complaint. The tenant filed a timely notice of appearance, but the court granted judgment for the landlord when the tenants did not attend the hearing; however, the tenants were told they did not need to show up at that hearing.
The Supreme Court ruled that responding with a notice of appearance is sufficient to answer a summons in an unlawful detainer case. Even though court rules of Washington require that a person answer the summons and complaint, the specific statute governing unlawful detainer controls the manner in which a tenant can respond. This decision clarifies that with legislative change in 2019; an answer is just one of the ways a tenant can answer a summon in an eviction. Finally, the court reaffirmed the rules governing a tenants right to counsel, as it can be anticipated that when a tenant appears in court, they will need to be advised of their right to counsel.
The takeaway for landlords, is that once a notice of appearance is filed by the tenant, they have sufficiently entered the case and must be notified of hearings. You also cannot tell a tenant they are not required to appear in court at a show cause hearing.
While this informational publication is about legal issues, it is not legal advice. Legal information is not the same as legal advice and is not a sufficient substitute for the advice or representation of a licensed attorney. If you desire an interpretation of any of the legal principles addressed herein, we recommend you consult with a licensed attorney.
