[WSBARP] Unlawful Detainer versus Civil Action

[Mark Anderson]

Dear Listmates:

Landlord brought an unlawful detainer action against Defendant based on intent to sell the property under RCW 59.18.650.  At the show cause hearing, the Court Commissioner entered an order for the issuance of a writ of restitution.  However, the Court Commissioner denied Landlord's request for an award of unpaid rents based on RCW 59.18.630, which requires the Landlord to first offer a repayment plan.

Now that a writ of restitution has been issued, can the Landlord initiate a civil action to recover the unpaid rents before the Defendant has vacated the property?  Or does the Landlord have to wait until the property is vacated, i.e., the Defendant is no longer Landlord's tenant?

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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