On Wednesday, May 29, the King County Superior Court adopted an emergency amendment, effective immediately, to LCR 40.1(b)(1)(L), for unlawful detainer actions where noncompliance by the defendant is alleged to substantially affect the health and safety of other tenants.

Although this change is intended to streamline unlawful detainer actions for resident behavioral issues, it only recently came into effect. We have yet to see how this change works in practice.

We will be following this closely but ask for your help.  Are you currently experiencing a behavioral issue that warrants eviction?  Are you considering this procedure for an unlawful detainer action? Have you had success with the new process? Let us know!

Amendment

LCR 40.1(b)(1)(L)(ii)

In an action where substantial noncompliance by the tenant with any portion of RCW 59.18.130 or 59.18.140 is alleged to substantially affect the health and safety of other tenants, or substantially increase the hazards of fire or accident, as provided in RCW 59.18.180, and the allegations are supported by prima facia evidence, a motion for assignment of the case to a judge shall be submitted without oral argument to the Chief Civil Judge. If the Chief Civil Judge grants the motion, the Chief Civil Judge will assign the case to a judge with a trial date. Once assigned to a judge, the moving party shall present a motion to show cause to the assigned judge as required by LCR 7(b)(9), and the entire case is before that judge, including all other motions except as provided otherwise in these rules or by the court.

Questions?

If you have questions please contact your legal counsel directly.