[WSBARP] UD and Tenant's Protection Order

[Paul Neumiller]

Listmates:  Client landlord tries to sell house to month-to-month tenant but tenant is stalling etc.  LL finally gives up and tells T that T must move.  So, T goes into local district court and gets a Temporary Protection Order and Notice of Hearing-Harassment against LL stating that LL  sent harassing texts asking about the status of T receiving loan approval to purchase house. AND, T has stopped paying rent.


1.       The Order is for no-contact and no surveillance, “except for mailing of court documents.”  The 3-day Notice under the lease was posted by LL BEFORE the Order was served on LL by the Sheriff.  Can LL (and therefore me) still proceed with an eviction action based on non-payment of rent in spite of the Temporary No-Contact Order??

2.       The Protection hearing is set for next Wednesday.  I hope to file the eviction action on Tuesday and get the judge to sign an Order to Show Cause.  We strongly suspect that T will try to avoid service of the UD summons and complaint.  Because we know that T will be at the Protection hearing on Wednesday, is there a process where LL can serve the T with the UD documents while at the hearing for the Protection Order??  Do we ask court personnel to serve the documents or ask Sheriff/Police to stand by and serve, or have a private server show up?

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