[WSBARP] Landlord Tenant Question when Tenant violates CR2A

[msafren at jennylinglaw.com]

Hello Landlord Tenant Gurus,

 

I had a quick question that I was hoping that someone who has/ had some
prior experience with a similar issue may shed some light upon.

 

I represent a landlord and after service of the summons and complaint and
obtaining an order for show cause, the tenant with the help of counsel
entered into a CRA2 with landlord that provided that tenant would vacate the
premises by a specific date.  The tenant did not vacate the premises by that
date and still remains in occupancy and possession of the premises. 

 

The CR2A specifically states that if Defendant fails to vacate the premises
by the agreed upon date, the Landlord is entitled to an immediate Writ of
Restitution directing that the premises be restored to the Landlord and
Landlord may file a motion without notice to Defendant or Defendant's
counsel.

 

Question - would I simply file the motion for Writ of Restitution ex-parte
since the CR2A specifically waives notice requirements to tenant and
tenant's counsel?  The motion would obviously contain a copy of the CR2A and
draw the Court's attention to the waiver of notice, but is there anything in
addition to include with the motion to ensure that the Court does not reject
the motion for going ex-parte? 

 

Your advice and suggestions are always appreciated.

 

Thank you in advance. 

 

Warmest regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
 <http://www.jennylinglaw.com/> www.jennylinglaw.com |
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