PHYSICAL EVICTION
OR REINSTATEMENT OF TENANT
If the tenants have not vacated on their own, the landlord would call the sheriff’s office and speak to the detective assigned to the case. You would schedule a time to meet the detective on the property, and the physical eviction would be done at that time. You will need to provide the labor and materials to change the locks and secure the building, and move out items. If the tenants fill out a storage of property request, their property must be stored.
However, before entry of a judgment the tenant can pay into court or to the landlord the rent due, any court costs/attorneys' fees if awarded, in which event any judgment shall be satisfied and the tenant restored to their tenancy. If the tenant seeks to restore the tenancy after entry of a judgment, the tenant may tender the amount stated in the judgment. If a tenant seeks to and pay the required amount with funds acquired through an emergency rental assistance program provided by a governmental or nonprofit, the tenant shall provide a copy of the pledge of emergency rental assistance which may result in a stay of the eviction. The landlord must accept a pledge of rental assistance before the expiration of any pay or vacate notice for nonpayment for the full amount of the rent owing. The landlord must accept a pledge of rental assistance after the expiration of the pay or vacate notice if the pledge will contribute to the total payment of rent cost/due.
PHYSICAL EVICTION
he sheriff goes out twice, and here is the process:
The County sheriff’s office are the only ones authorized to evict your tenant.
1) Sheriff goes out a first time and they post the Writ on the door, giving the tenant one last chance to vacate voluntarily.
They give the tenant five (5) days to move. This is to give the tenants one last chance to vacate voluntarily.
IN King County, the sheriff's has a portal set up, and I may receive an automated update on when the writ was served,
2) You would need to wait the minimum five (5) days to see if tenants have vacated on their own.
You may want to check the property after the five (5) days, to see if they have vacated.
If you wish, you could drive by the property to determine if they are still there.
3) If the tenants have not vacated on their own, the landlord would call the sheriff's office at (206) 263-2600.
You speak to the detective assigned to the case. You would schedule a time to meet the detective on the property for the eviction.
Per the Sheriff's Info Form: "If the tenant(s) and/or occupant(s) have not vacated or settled,
it is the responsibility of the landlord or their representative to call the detective to schedule the physical eviction.
These evictions are scheduled on a first call, first scheduled basis, with consideration given to potential life and safety issues"
3) SNOHOMISH: If the tenants have not vacated on their own, the sheriff will call you and you would speak to the detective assigned to the case.
4) You would meet the sheriff on the property to do the physical eviction. When the sheriff arrives, The sheriff would escort her off the property. This is the time where you can change the locks and secure the building, and move out items. You may need to provide the labor and materials for moving their items . You can bring a locksmith it need be. The sheriff does not help with the eviction, he is just an officer of the peace. Usually, the sheriff waits for about an hour. If he had to wait much longer, the sheriff's office may charge you an additional cost. (see below)
The King County Sheriff's Office Civil Unit phone number is 206-263-2600
Pierce County Sheriff's Office Civil Unit: phone number is (253) 798-7520
Pierce County, WA - Official Website - Civil Process Unit
https://www.co.pierce.wa.us/index.aspx?NID=1947
https://www.co.pierce.wa.us/index.aspx?NID=1947
STORAGE OF PROPERTY REQUEST FORM:
If the tenants fill out a storage of property request, their property must be stored for 30 day days.
STORAGE OF PROPERTY IF NO REQUEST FOR STORAGE
HOWEVER, if the tenants do not provide the storage of property letter, then you have 2 options:
1) You can remove all their property from the premises while the sheriff is there, and just leave on the sidewalk or public space.
With this option, you would be responsible for hiring the labor to remove everything from the house, onto the sidewalk.
Then, within the next couple days, you would to haul everything from the sidewalk to the dump.
2) You can just voluntarily leave all of her property on the premises.
However, if you leave it on the premises, you would have to store all of her belongings for 30 days.
THeir belongings can be stored right in the house, the garage, or separate storage space.
They would have the opportunity to collect her belongings within those 30 days.
After the 30 days, you could then sell or dispose of all her property.
CAUTION: The sheriff is just there for an hour, so you have to keep this in mind when deciding.
If there is too much stuff to move in an hour, you may be stuck going with the second option
REINSTATEMENT
enant can request to resolve the case through Reinstatement of Tenancy per RCW 59.18.410,
Also, the tenant's attorney will use this pledge of rental assistance as a way to stall the eviction, based on RCW 59.18.410
Here is the laws surrounding rental assistance and the landlord's rights/responsibilities around cooperating on it.
Mandatory Reinstatement :
If the tenant is able to pay the full amounts owed, then the landlord must allow the tenants to continue to the tenancy.
The tenants can seek to reinstate at any time, while the case is unfiled, after its filed, and even after entry of a judgement.
The tenants must pay the landlord the amount of the rent due.
If after filing or entry of a judgement, the tenants would also have to pay court costs, and attorneys' fees if awarded.
Rental Assistance per RCW 59.18.410 is being used by tenant's attorneys as a defense to at least put things on hold,
The Housing Justice Project is helping the tenant secure emergency rental assistance funding.
The landlord must accept a pledge of rental assistance before the expiration of any pay or vacate notice for nonpayment for the full amount of the rent owing.
The landlord must accept a pledge of rental assistance after the expiration of the pay or vacate notice if the pledge will contribute to the total payment of rent cost/due.
Suggested Reinstatement If the tenant is only able to pay the some of amounts owed, it is still in the landlord 's best interest to allow the tenants to continue to the tenancy.
Rental Assistance may be limited to how much they can pay, and the landlord may have to just waive the rest.