Respond to an ejectment lawsuit

Northwest Justice Project

If you get served with a Summons and Complaint for Ejectment, your landlord or property owner has started a lawsuit to remove (eject) you from the property. If you don’t respond in writing by the deadline in the Summons, you could lose automatically. Read this for help responding quickly in two types of situations: (1) you’re a tenant who pays rent to live at the property, or (2) you have permission to live there and you don’t pay rent money. 

1. Fast facts

In Washington state, there are 2 different procedures for removing a tenant from a landlord’s property. One is an eviction (unlawful detainer action), and the other is an ejectment. The type of procedure the landlord or property owner should use depends on your relationship to them.  

  • An eviction is a special type of court case designed to move quickly to decide limited questions: who has the right to control or possess the rental property and if the tenant owes any rent or other money. The eviction court judge can only review certain types of tenancies: residential, mobile home park, and other ongoing tenancy. The eviction process is generally much faster than other types of court cases.
  • A judge in an ejectment case can make more decisions about getting back real property (land or buildings). The judge can decide who has the legal right to possession or ownership and more, including counterclaims and damages. The process is generally slower than an eviction lawsuit.

If you’ve received a Summons and Complaint for Ejectment, your landlord or property owner has started an ejectment lawsuit to get court permission to remove (eject) you. You must respond in writing right away, even if the court papers don’t have a case number. If you don’t, you could lose automatically. This guide will help you respond quickly.

An ejectment lawsuit can also be called a Quiet Title Action.  Look at the relief requested towards the end of the Complaint to see what the landlord or property owner is asking the court to do. If you see the words writ of ejectment or writ of restitution, they’re asking permission to remove you from the property. 

2. If you pay rent