Wash. Court of Appeals published opinion — D2 52222-5-II Published Opinion.pdf

Further, a tenant is liable for unlawful detainer when he or she retains possession of a property he

or she leased month-to-month more than twenty days after receiving notice from the landlord to

vacate the premises. RCW 59.12.030(2). Summary proceedings in a show cause hearing do not

violate a tenant’s right to due process. Carlstrom, 98 Wn. App. at 790. A jury trial at the initial

stage of the unlawful detainer action is not available because it is a summary proceeding.

Carlstrom, 98 Wn. App. at 788.

In a show cause proceeding, the commissioner conducts an evidentiary hearing on the

landlord’s motion for a writ of restitution to return possession of the premises to the landlord.

RCW 59.18.380. At the proceeding, the tenant is entitled to answer and may assert any legal or

equitable defenses arising out of the tenancy; the commissioner considers testimony and must

examine the witnesses. RCW 59.18.380; Leda v. Whisnand, 150 Wn. App. 69, 80, 207 P.3d 468

(2009). If the commissioner finds that the landlord has the right to repossess the property, it will

enter an order directing issuance of the writ. RCW 59.18.380. If the commissioner finds that the

landlord does not have the right to repossess the property, it will enter an order directing the parties

to proceed to trial. RCW 59.18.380. The prevailing party in an unlawful detainer action may

recover his or her costs and reasonable attorney fees under RCW 59.18.290(2).

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No. 52222-5-II

Under RCW 59.18.380, “it is undisputed that a defendant at such a hearing is not entitled

to a full trial.” Leda, 150 Wn. App. at 81. Rather, the statute refers to the hearing on the motion