Indigo Real Estate Services, Inc. v. Wadsworth, 169 Wash. App. 412 (2012)

Citation: Indigo Real Estate Services, Inc. v. Wadsworth, 169 Wash. App. 412 (2012)
Parent Document: Indigo Real Estate Services, Inc. v. Wadsworth, 169 Wash. App. 412 (2012)
Jurisdiction: Washington (state)
Effective Date: 2012-07-09
Original Source: https://www.courtlistener.com/opinion/4951771/indigo-real-estate-services-inc... ↗

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¶21 Once a tenant is in the status of unlawful detainer, the landlord may commence an unlawful detainer action by serving a summons and complaint. RCW 59.12-.070. In addition, the landlord may, at the time the summons and complaint are served (or at any time afterward), seek to obtain possession of the property pursuant to a writ of restitution. RCW 59.12.090. The RLTA requires a landlord who wishes to obtain a writ of restitution to note the matter for a show cause hearing. RCW 59.18.370. “Show cause hearings are summary proceedings to determine the issue of possession pending a lawsuit.” Carlstrom v. Hanline, 98 Wn. App. 780, 788, 990 P.2d 986 (2000). It is the landlord’s burden in an unlawful detainer action to prove, by a preponderance of the evidence, the right to possession of the premises. Duprey v. Donahoe, 52 Wn.2d 129, 135, 323 P.2d 903 (1958).

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