A tenant who responds to a summons and complaint has appeared in the eviction action and is entitled to notice. Victory by default is no longer possible and the landlord must set a hearing in order to evict the tenant.

Though courts have held phone calls to an attorney constitute an appearance, there has been no clear and unambiguous legal authority for appearance by fax until now. A new law makes it explicit that a tenant may serve the response to the summons and complaint by fax. The new law also changes the mandatory language in the summons so notice is given to the tenants that they may respond by fax.

Failure to use the new summons form could result in the eviction being dismissed. Contact landlord attorney Scott Eller for more information.

New Mold Disclosure Requirement

A new law went into effect July 24, 2005 that requires Washington landlords to make disclosures to all tenants regarding potential health hazards of mold. 

The legislature found that “residents of the state face preventable exposures to mold” and that such exposure has “been found to have adverse health effects”.

The new mold disclosure law further states in the legislative findings that “steps can be taken by landlords and tenants to minimize exposure to indoor mold”.  And that as “the reduction of exposure to mold in buildings could reduce the rising number of mold-related claims submitted to insurance companies and increase the availability of coverage, the legislature supports providing tenants and landlords with information designed to minimize the public’s exposure to mold”.
 

The new law requires landlords to provide all new tenants with information provided or approved by the Department of Health about the health hazards associated with exposure to indoor mold.  The information must be provided in writing either individually to each tenant, or may be posted in a visible, public location at the dwelling unit property. 

The landlord must provide the information:

1) to new tenants at the time the lease or rental agreement is signed, and

2) to current tenants no later than January 1, 2006, or post the mold information in a visible, public location at the dwelling unit property beginning the effective date of the act  (July 24, 2005).

A mold disclosure pamphlet approved by the Department of Health is available for download on our Evictions Forms page.

Washington landlord attorney Scott Eller