A Writ of Restitution is an order from a Superior Court Judge of the county where the eviction is occurring, directed specifically to the Sheriff. It directs the sheriff to restore specific premises to the plaintiff. A writ is the end result of an " unlawful detainer action" brought by a landlord/owner against a person unlawfully on his property. These writs are issued under the Residential Landlord-Tenant Act, RCW 59.18 or Unlawful Detainer, RCW 59.12, which involves businesses and foreclosed properties. Mobile home parks are governed under RCW 59.20 and RCW 59.18.
TYPES OF RESTITUTIONS
RCW 59.18 - RESIDENTIAL
State law requires the eviction to be completed within ten (10) calendar days of the issuance of the writ, unless an extension is obtained by the landlord/attorney or an extension is written into the body of the writ.
When serving a tenant with a writ of restitution under RCW 59.18, the sheriff shall also serve the tenant with a form provided by the landlord that can be used to request the landlord to store the tenant's property. A sample is provided in RCW 59.18.312 (6). The writ will not be served without this additional form.
RCW 59.12 - COMMERCIAL PROPERTY, BANK FORECLOSURES, ETC.
State law requires the eviction to be completed within twenty (20) calendar days of the issuance of the writ, unless an extension is obtained by the landlord/attorney or an extension is written into the body of the writ. An indemnity bond, as described below, may be required.
SHERIFF'S INDEMNITY BOND
May be required for restitutions under RCW 59.12, commercial property, bank foreclosures, etc.
An indemnity bond indemnifies the sheriff from any liability in the civil action. The bond must be presented at the same time as the writ. The bond must be in an amount twice the value of the personal property to be removed, $5,000.00 minimum. The Sheriff's Office will determine minimum acceptable bond amounts.
PLEASE INCLUDE THE FOLLOWING LANGUAGE ON THE BOND:
The principal shall pay all costs, charges, and damages, and save harmless and indemnify the sheriff against any and all claims by the defendants or by any third person or party against him on account of any and all lawful steps the sheriff is to make or to take under said writ, whether or not such writ is lawful or unlawful.
If required, please make bond out to: Sheriff Robert R. Snaza
REQUIRED to SUBMIT WRIT
- Writ and Order Granting Writ must contain “break and enter” language
- Automatic 10-day extension language (20-days for Foreclosure and Commercial evictions)
- Copy of Order Granting Writ with judge’s signature (required with break & enter language)
- Original writ signed by clerk and file stamped on top, plus 3 conformed copies of writ
- Eviction Information sheet
- Four copies of Request for storage of personal property
DATE AND TIME OF EVICTION SET BY SHERIFF’S OFFICE
- Upon receipt of the writ, the eviction date/time will be set the Sheriff’s Office. Service packet (and/or posting) is usually accomplished within 2-3 business days after receipt of writ. At least three (3) business days must lapse after the property has been posted, before the eviction can be held.
STANDBY TIME
- Chief Civil Deputy will standby during eviction for one hour, additional time required will be extra cost to Plaintiff.
ACCURATE STREET ADDRESS
- The common address on the Writ must correspond to the visible address on the property. Maps/photos/other instructions may be helpful.
INTAKE – EVICTION INFORMATION SHEET
- The Eviction Information Sheet must be submitted with the Writ; it includes all of the pertinent information for attorney, landlord, tenant(s) and contact person who will be at the eviction. You can obtain this form by , clicking on link above, calling the Sheriff’s Office, or stopping by the office and request one.
- The information sheet also provides information on type of dwelling, problems with tenant(s), if tenant(s) has any disabilities, any criminal activity, if there are domestic animals, such as cattle, etc.
EVICTION NOTICE & REQUEST FOR STORAGE
- Once the writ has been received, a packet is created that includes the Eviction Notice, Request for Storage and copy of Writ. Packet is sent out for service on the tenants or posted in two conspicuous places within 2 business days of receipt.
- Once notice has been served/posted the Sheriff’s Office will call you with a date for the eviction and to discuss and prepare you for what happens on that date.
CALL THE SHERIFF’S OFFICE PRIOR TO EVICTION IF TENANT VACATES PREMISES!!
Sheriff’s Office personnel do not move items of personal property during an eviction. Sheriff’s Deputy will standby during a physical eviction to maintain the peace, protect property, and assure that the eviction is performed in an orderly and lawful manner. A break and enter clause authorizes our Deputy to witness the landlord or the landlord' s locksmith change the locks. A defendant who remains on the rental property/premises without written permission from the landlord, as posted by our Deputy, or who returns to the property after being escorted off by our Deputy, may be subject to arrest for criminal trespass.
It is the responsibility of the Plaintiff (landlord or representative) to reasonably secure tenant’s possessions if the Request for Storage has been signed and returned to landlord or landlord's attorney within the three-day posting period. If Request for Storage has NOT been signed, the landlord should provide sufficient bags, etc. to expeditiously remove and place the defendant' s personal property upon public right of way, and with reasonable care. After 24 hours if tenant(s)/defendant(s) do not pick up their possessions, they can be hauled off and legally disposed of at a local solid waste facility. If Landlord chooses to ‘store in place’ tenant’s possessions, they must post a notice indicating how to contact landlord or representative to pick up their possessions and a deadline date for pickup.
If the tenant objects to the Plaintiff's private storage of his/ her personal property, such items are removed from the residence and placed at the nearest public right of way or area designated that would NOT be considered trespassing for them to pick up within the 24-hour period. Goods placed in such a location may not be placed in violation of public health, safety or other regulations.
