Wash. Rev. Code » Title 59 · Chapter 59.12

Wash. Rev. Code § 59.12.170

Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
If upon the trial the verdict of the jury or, if the case be tried without a jury, the finding of the court be in favor of the plaintiff and against the defendant, judgment shall be entered for the restitution of the premises; and if the proceeding be for unlawful detainer after neglect or failure to perform any condition or covenant of a lease or agreement under which the property is held, or after default in the payment of rent, the judgment shall also declare the forfeiture of the lease, agreement, or tenancy. The jury, or the court, if the proceedings be tried without a jury, shall also assess the damages occasioned to the plaintiff by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved on the trial, and, if the alleged unlawful detainer be after default in the payment of rent, find the amount of any rent due, and the judgment shall be rendered against the defendant guilty of the forcible entry, forcible detainer, or unlawful detainer for twice the amount of damages thus assessed and of the rent, if any, found due. When the proceeding is for an unlawful detainer after default in the payment of rent, and the lease or agreement under which the rent is payable has not by its terms expired, execution upon the judgment shall not be issued until the expiration of five days after the entry of the judgment, within which time the tenant or any subtenant, or any mortgagee of the term, or other party interested in its continuance, may pay into court for the landlord the amount of the judgment and costs, and thereupon the judgment shall be satisfied and the tenant restored to his or her estate; but if payment, as herein provided, be not made within five days the judgment may be enforced for its full amount and for the possession of the premises. In all other cases the judgment may be enforced immediately. If writ of restitution shall have been executed prior to judgment no further writ or execution for the premises shall be required.
[ 2010 c 8 s 19014; 1891 c 96 s 18; RRS s 827. Prior: 1890 p 80 s 18.]
Notes of Decisions
Cited in 37 cases (6 in the last 5 years), 1960–2025 · leading case: Angelo Property Co., Lp v. Hafiz
Sort: Relevance Newest Treatment
Angelo Property Co., Lp v. Hafiz (2012) washctapp · cites it 3× “Under RCW 59.12.170, the trial court awarded Angelo $11,120.”
Hall v. Feigenbaum (2014) washctapp · cites it 3× “RCW 59.12.170 provides that the court “shall assess the damages occasioned to the plaintiff .”
Foisy v. Wyman (1973) wash · cites it 5× “RCW 59.12.170, which governs the entry of judgment and execution in an unlawful detainer action, states that upon a finding of default in the payment of rent, "the judgment shall also declare the forfeiture of the lease, agreement or tenancy.”
Sprincin King Street Partners v. Sound Conditioning Club, Inc. (1996) washctapp · cites it 5× “…1 See RCW 59.12.170. . 2 Codd v. Westchester Fire Ins. Co., <a href="/opinion/4219183”
Excelsior Mortgage Equity Fund II, LLC v. Schroeder (2012) washctapp · cites it 3× “RCW 59.12.170 provides that if the trial court in a commercial unlawful detainer action finds in favor of the plaintiff, “judgment shall be entered for the restitution of the premises.”
Philip D. Burgess And Linda L. Burgess, Res. v. Rowena Crossan, App. (2015) washctapp · cites it 5× “Crossan leased the property individually as tenants in common and (2) a claim that the trial court lacked the authority to forfeit her leasehold because RCW 59.12.170 “contains no language authorizing forfeiture for nuisance or waste.”
First Union Management, Inc. v. Slack (1984) washctapp · cites it 2× “First Union relies on RCW 59.12.170, which states in part: [I]f the alleged unlawful detainer be after default in the payment of rent, [the court shall] find the amount of any rent due, and the judgment shall be rendered against the defendant guilty of the .”
Mead v. Park Place Properties (1984) washctapp · cites it 2× “2d 616 (1970); RCW 59.12.170. 2 Here, had the jury determined Park Place was entitled to possession, it would have been proper to award damages incident to the right of possession.”
Kelly v. Powell (1989) washctapp · cites it 2× “RCW 59.12.170. In 1892, 1 year after the most recent amendment to the quoted section, the state Supreme Court held that double damages could not be recovered in an unlawful detainer action unless they were specifically requested in the plaintiff's complaint: The prayer of the…”
Coy v. Raabe (1966) wash · cites it 2× “90 was paid into court and, pursuant to RCW 59.12.170, the lease was automatically reinstated and the lessees continued to operate the theater.”
Young v. Riley (1961) wash · cites it 2× “RCW 59.12.170 provides that, upon a finding of default in the payment of rent, “.”
Kessler v. Nielsen (1970) washctapp · cites it 2× “The total, $965, was doubled pursuant to RCW 59.12.170, 2 so that the judgment aggregated $1,930.”
Show all 37 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.