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Can I file for a default motion if the tenant hasn't responded?

Can I file for a default motion if the tenant hasn't responded?

Full question:

I have filed the summons and complaint and order to show cause and payment or sworn statement required (Aug 27th) the tenant was served on the 27th of August too. The date to appear is on the 9th of September '09. It was filed on the 27th of August a payment or sworn statement required form, and the date to answer was on the 2nd of September '09 and it was served on the 27th of august. They have not pay or answered on that one, is it OK to move in for a plaintiff's motion and declaration for order of default? Because your forms (i bough them) clearly says that is for summons and complaint failure to respond and in my case is for non payment or answer of my motion.I need to make sure before I go to court today. If i can use the form that you have, is it OK to change the reason why I would like to move in for a default or do i need to wait until we appear in court before the judge on the 9th of September. Please let me know

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: Washington

Answer:

In Washington, if the tenant has been properly served with the summons and complaint, you can proceed with the eviction process. The tenant must respond by the answer date specified, which is at least seven days from the date of service. Since the tenant has not responded by the deadline of September 2nd, you may be able to seek a default judgment without further notice to them.

Even a minimal response from the tenant, such as a fax or phone call, may be considered an appearance, which would require a hearing. If the tenant does appear, they must be given at least seven days' notice for the hearing. At this hearing, the tenant must explain why you should not receive possession and a judgment for rent immediately.

If the tenant does not respond at all, you can file for a default motion. However, if you choose to wait until the court appearance on September 9th, you can also do that. Just remember that if the tenant makes any appearance, a hearing will be necessary.

After obtaining the writ of restitution, whether by default or at a hearing, the sheriff will serve it, giving the tenant three business days to vacate the property. If they do not leave, you will need to contact the sheriff’s civil department to arrange a physical eviction.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do I respond to an eviction summons in California?

In California, you must respond to an eviction summons within five days of being served. You can file a written response with the court, stating your reasons for contesting the eviction. It's important to include any defenses you may have, such as improper service or payment of rent. If you fail to respond, the landlord may obtain a default judgment against you, allowing them to proceed with the eviction. Make sure to keep a copy of your response and file it on time to protect your rights.

Can a writ of ejectment be reversed?

In general, a writ of ejectment can be challenged or reversed if there are valid legal grounds. If a tenant believes the writ was issued in error, they may file a motion to vacate the judgment or seek relief through an appeal. However, this process can be complex and time-sensitive, so it's advisable to consult with an attorney to understand your options and the specific procedures in your state.

Can a landlord stop a writ of possession?

A landlord cannot unilaterally stop a writ of possession once it has been issued. However, if the tenant raises valid defenses or challenges the eviction in court, the landlord may need to pause the enforcement of the writ. It's essential for landlords to follow proper legal procedures and for tenants to respond promptly to any eviction actions to protect their rights.

What is the difference between unlawful detainer and ejectment?

Unlawful detainer is a legal term for a summary process used by landlords to regain possession of property when a tenant remains after the lease has ended or rent has not been paid. Ejectment, on the other hand, is a more formal legal action used to remove someone from property when there is no legal right to occupy it. Ejectment cases are typically more complex and can involve disputes over property ownership.

How do you stop a writ of possession?

To stop a writ of possession, a tenant can file a motion to stay the writ or seek a temporary restraining order. This usually requires demonstrating valid legal reasons, such as improper service or payment issues. It's crucial to act quickly and consult with an attorney to ensure the motion is filed correctly and within the required time frames.

Do I still pay rent after an eviction notice?

Yes, you are generally still required to pay rent after receiving an eviction notice unless a court orders otherwise. Failure to pay rent can lead to further legal action and may strengthen the landlord's case for eviction. If you believe the eviction is unjust, it's important to respond to the notice and seek legal advice regarding your rights and obligations.