Washington Code 59.18.055 – Notice — Alternative procedure — Court’s jurisdiction limited — Application to chapter 59.20 RCW
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(1) When the landlord, after the exercise of due diligence, is unable to personally serve the summons on the tenant, the landlord may use the alternative means of service as follows:
Terms Used In Washington Code 59.18.055
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Landlord: means the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and in addition means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager. See Washington Code 59.18.030
- Person: means an individual, group of individuals, corporation, government, or governmental agency, business trust, estate, trust, partnership, or association, two or more persons having a joint or common interest, or any other legal or commercial entity. See Washington Code 59.18.030
- Premises: means a dwelling unit, appurtenances thereto, grounds, and facilities held out for the use of tenants generally and any other area or facility which is held out for use by the tenant. See Washington Code 59.18.030
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Summons: Another word for subpoena used by the criminal justice system.
- tenant: is a ny person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement. See Washington Code 59.18.030
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(a) The summons and complaint shall be posted in a conspicuous place on the premises unlawfully held, not less than nine days from the return date stated in the summons; and
(b) Copies of the summons and complaint shall be deposited in the mail, postage prepaid, by both regular mail and certified mail directed to the tenant’s or tenants’ last known address not less than nine days from the return date stated in the summons.
(2) When service on the tenant or tenants is accomplished by this alternative procedure, the court’s jurisdiction is limited to restoring possession of the premises to the landlord and no money judgment may be entered against the tenant or tenants until such time as jurisdiction over the tenant or tenants is obtained.
(3) Before the entry of any judgment or issuance of a writ of restitution due to the tenant’s failure to appear, the landlord shall provide the court with a declaration from the person or persons who served the tenant that describes the service achieved, and if by alternative service pursuant to this section, that describes the efforts at personal service before alternative service was used and a declaration from the landlord stating his or her belief that the tenant cannot be found.
(4) For the purposes of subsection (1) of this section, the exercise of due diligence is met if the landlord attempts personal service on the tenant at least three times over not less than two days and at different times of the day.
(5) This section shall apply to this chapter and chapter 59.20 RCW.
NOTES:
Intent—2019 c 356: See note following RCW 59.12.030.