[WSBARP] Unlawful detainer - premises in county XX, venue clause says county ZZ

[Eric Nelsen]

I have a lease on a residential property located in County XX, with a lease clause that stipulates to venue in County ZZ, but the language is a bit weird to me.

The lease says that "The parties to this agreement hereby submit to the jurisdiction of the courts of the state of Washington in connection with any claims arising out of or in connection with this agreement, and stipulate that the exclusive venue for any proceeding to confirm a determination or award made pursuant to this agreement shall be Superior Court of Washington for County ZZ."

RCW 4.12.010<https://app.leg.wa.gov/RCW/default.aspx?cite=4.12&full=true#4.12.010> says, of course: "Actions for the following causes shall be commenced in the county in which the subject of the action, or some part thereof, is situated: (1) For the recovery of, for the possession of, for the partition of, for the foreclosure of a mortgage on, or for the determination of all questions affecting the title, or for any injuries to real property.

So, for an unlawful detainer action, which county is the proper venue? Does the contractual stipulation to venue override RCW 4.12.010? Is unlawful detainer a "proceeding to confirm a determination or award made pursuant to" the lease?

Any and all thoughts appreciated.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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