King County Evictions Update

There are two updates in the unlawful detainer arena that we want you to be aware of. We are hopeful that they will offer solutions to the extensive delays you are experiencing in King County Courts.

The first is a change to court processes that went into effect yesterday, August 12 and the other is an alternative legal action you can use to remove a person from your property.  We encourage you to seek guidance from your legal counsel on these remedies. As we hear of growing delays in other jurisdictions, we encourage you to discuss option 2, ejectment, as well. We would also like to hear of any delays outside of King County.

Effective August 12, there is a new process for unlawful detainer hearings, which are heard in the Court’s Ex Parte department. The Court is expanding the calendar for unlawful detainer hearings, implementing new screening protocols, and increasing the number of judicial officers available to conduct such hearings.

Under the new system, unlawful detainer actions will proceed via first and second show cause hearings. All hearings will continue to be on Zoom. The number of available hearings slots for the first unlawful detainer show cause hearing will start and expand through steady increases over the next several months, with a target of 50 cases per calendar.

In addition to the change in court process, it has come to our attention that some members have chosen to pursue an “action of ejectment” as a quicker alternative to the unlawful detainer process. A common law action, “ejectment” is generally recognized to have little practical appeal when compared to the quick and simpler eviction proceedings offered by the unlawful detainer statute. However, due to the extreme delays in unlawful detainer outcomes, property owners in King County are beginning to reconsider the use of the common law action of ejectment to reduce the length of time to obtaining possession of their property. You can review a successful ejectment action here.

Please consult with your legal counsel regarding use of this process and keep us informed of your experience with these processes. For more information or to discuss your experience please contact Ryan Makinster, Director of Government Affairs.