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

[Jeff at bellanddavispllc.com]

It seems to me, the  proper venue is the county where the property is
located.  Can a King County Judge order the clerk of the Cowlitz County
superior court to issue a writ of restitution?   The clause you describe
also seems to waive tenant's right, maybe, under the RLTA which would be a
violation.  Just an early morning Friday thought before coffee.

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: Thursday, May 15, 2025 4:24 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Unlawful detainer - premises in county XX, venue clause
says county ZZ

 

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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