[WSBARP] Landlord Tenant Question when Tenant violates CR2A

[Kaitlyn Jackson]

We usually do this by stipulation and file the motion for default and issuance of writ ex parte. In the motion for default and issuance of writ just explain agreement allowed for plaintiff to file default with no notice to defendant. 

Sent from my iPhone

> On Apr 1, 2022, at 8:55 AM, msafren at jennylinglaw.com wrote:
> 
> 
> 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: msafren at jennylinglaw.com 
> www.jennylinglaw.com | facebook.com/jennylinglaw/
>  
> 
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