(1) The remedies provided by this section
are in addition to other remedies provided by this chapter.
(2) In an action of forcible entry, detainer, or unlawful
detainer, commenced under this chapter which is based upon
nonpayment of rent as provided in RCW 59.12.030(3), the defendant
shall pay into the court registry the amount alleged due in the
complaint and continue to pay into the court registry the monthly
rent as it becomes due under the terms of the rental agreement
while the action is pending. If the defendant submits to the
court a written statement signed and sworn under penalty of
perjury denying that the rent alleged due in the complaint is
owing based upon a legal or equitable defense or set-off arising
out of the tenancy, such payment shall not be required.
(3) A defendant must comply with subsection (2) of this
section within seven days after completed service of a filed
summons and complaint or, in the case of service of an unfiled
summons and complaint, seven days after delivering written notice
to the defendant, in the manner provided in RCW 59.12.040,
advising the defendant of the date of filing, the cause number
for the action, and the date by which the defendant must comply
with this section to avoid the immediate issuance of a writ of
restitution. Failure of the defendant to comply with this
section shall be grounds for the immediate issuance of a writ of
restitution without bond directing the sheriff to deliver
possession of the premises to the plaintiff. Issuance of a writ
of restitution under this section shall not affect the
defendant's right to a hearing to contest the amount of rent
alleged to be due.
(4) The defendant shall send written notice that the rent
has been paid into the court registry or send a copy of the sworn
statement referred to in subsection (2) of this section to the
person whose name is signed on the unlawful detainer summons. A
defendant may serve the written notice or a copy of the sworn
statement by any of the methods described in RCW 59.18.365.
(5) Before applying to the court for a writ of restitution
under this section, the plaintiff must check with the clerk of
the court to determine if the defendant has complied with
subsection (2) of this section.
(6) If the plaintiff intends to use the procedures in this
section, the summons must contain notice to the defendant of the
payment requirements of this section and be substantially in the
following form:
[2006 c 51 § 2; 1983 c 264 § 13.]