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Ejectment vs. Unlawful Detainer

Ejectment vs. Unlawful Detainer

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LandlordSolutions
Oct 23, 2024
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LandlordSolutions’s Substack
LandlordSolutions’s Substack
Ejectment vs. Unlawful Detainer
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by David Britton

An action for Ejectment under Chapter 7.28 RCW is the form of action available to owners of real property for removing unauthorized tenants in possession, in situations where the unlawful detainer statutes do not apply. 

The Ejectment Act, Chapter 7.28 RCW, predates both the UDA and the RLTA, having been enacted in 1854.  The case law makes it clear that an unlawful detainer action, created by the Legislature in the Unlawful Detainer Act in 1890, is supposed to be an "alternative" to ejectment, an "expedited" proceeding to restore possession to the landlord that applies in certain situations as enumerated in RCW 59.12.030(1-6), defining "unlawful detainer."  That an eviction was intended by the Legislature to be an "expedited" proceeding, probably comes as a surprise to anyone who has experienced the New RLTA in action.

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