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legalgems, attorney
Category: Landlord-Tenant
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I went to superior court in WA state for an eviction. I had

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I went to superior court in WA state for an eviction. I had told judge my situation he gave me till the last day of the month to move. I was moved by the last of the month, So I assumed it was over and done with but 2months later I get a motion for summary judgement and find out the landlord was able to execute the writ of restitution. Im being sued for a months rent because they state iwasnt moved out because they moved out a mattress (which was there when I moved in) Is this all legal or do should I oppose the summary for judgement motion. And how can the writ of restitution be executed without me knowing and already moved out

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

I am sorry to hear this; a motion for summary judgment is filed when a party to a lawsuit claims that all necessary factual issues need not be tried because they are clearly one-sided.

The motion needs to be served.

If the landlord did not have the tenant's new address, legally they must serve the last known address, and request permission to do service by publication (in a newspaper). So if the person had no notice they can actually contest the motion, filing a motion to quash service, along with a response to the motion for summary judgment, stating why judgment should not be entered. If approved by the court, this would then require the court to litigate the underlying issue (because the facts would still be in dispute).

Basically if it is clear that a tenant moved out, but personal property was left behind, the landlord is to store that property in a secure location, and can charge reasonable storage fees. The court typically finds that rendering the unit unavailable and using it as a storage unit is not reasonable, as a landlord has a duty to mitigate damages (ie remove the item to a safe location, and re-rent the unit).

If the property belonged to the landlord (ie it was there at the beginning of the tenancy) that would not be a basis for charging rent or storage, so the judge would need to be apprised of that situation.

Please review the rules here

Once can go to the court clerk and request a copy of the file, to determine if service was made, and if so, how (to help with allegations of improper service, failure to serve, etc).

If there is written documentation notifying the landlord that the tenant vacated, that would be helpful. If, however, it would be clear to a reasonable person that the tenant vacated, any evidence to that effect would be helpful.

Here is the statute re: duty to mitigate

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 11 months ago.
I'm confused with your answer. I went to court to ask judge to allow me until end of month to be moved. He granted my request I moved out when I said I would. Then a couple months later I got motion for summary judgment and in it says the writ was executed. How can they do that without me knowing??

That's the point- that requires service. So unless the other party lied to the court and said they executed service, or unless there was an order allowing service by publication (newspaper) then service was not done. In which case that would be the basis for contesting any legal action that took place without proper service.

Hi. Just checking in to see how the above situation worked out. Hoping the information was useful. Thanks!

legalgems and other Landlord-Tenant Specialists are ready to help you
Customer: replied 10 months ago.
First off I didn't ever rate the answer on the above Q&A. Sencond I tried asking a question this morning for a $5 good faith fee. Instead was charged $36 and wasn't able to log on submit question or get answer. Please refund my money. Thank you **** *****