Wash. Court of Appeals published opinion — D2 60448-5-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 60448-5-II Published Opinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2060448-5-II%20Published%20Opinion.pdf ↗

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heard’ ” with “ ‘the government’s interest in maintaining’ efficient show cause hearings.” Leda v.

Whisnand, 150 Wn. App. 69, 83, 207 P.3d 468 (2009) (internal quotation marks omitted) (quoting

Carlstrom, 98 Wn. App. at 790). As the court explained,

Washington law simply does not countenance eviction of people from their homes
without first affording them some opportunity to present evidence in their defense,
but that right is not absolute: it is tempered by a grant of authority to trial courts to
manage the scope and manner in which evidence is presented, rather than leaving
it to the discretion of attorneys or pro se litigants.

Id. The expedited nature of show cause hearings benefits both landlords and tenants because it

allows both parties to immediately challenge the other’s claims of possession and present evidence.

See id. (discussing the importance of allowing the parties, especially tenants, to meaningfully

assert their defenses while also resolving the hearing expeditiously). And a prompt show cause

hearing process provides tenants the opportunity to maintain housing stability and to avoid the

costs of unnecessary eviction while the case is pending.

During a show cause hearing, the landlord has the burden of proving that they have the

right to possess the disputed property by a preponderance of the evidence. Garrand, 31 Wn.

App. 2d at 438. The RLTA expressly directs the superior court to orally “examine the parties and

witnesses” and to evaluate the merits of the evidence presented. RCW 59.18.380; Leda, 150 Wn.

App. at 83. Because the show cause hearing may be the tenant’s “only true opportunity . . . to

present evidence against immediate eviction,” it is important that superior courts offer tenants the