Wash. Rev. Code » Title 59 · Chapter 59.16
Revised Code of Washington

Wash. Rev. Code § 59.16.030 (2026)

✓ current as of May 2026
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It shall not be necessary for the plaintiff, in proceedings under this chapter, to allege or prove that the said lands were, at any time, actually occupied prior to the defendant's entry thereupon, but it shall be sufficient to allege that he or she is the legal owner and entitled to the immediate possession thereof: PROVIDED, That if the defendant shall, by his or her answer, deny such ownership and shall state facts showing that he or she has a lawful claim to the possession thereof, the cause shall thereupon be entered for trial upon the docket of the court in all respects as if the action were brought under the provisions of *chapter XLVI of the code of eighteen hundred and eighty-one.
[ 2010 c 8 s 19017; 1891 c 115 s 3; RRS s 836.]

Notes:

*Reviser's note: "chapter XLVI of the code of eighteen hundred and eighty-one" is codified as RCW 7.28.010, 7.28.110 through 7.28.150, and 7.28.190 through 7.28.270.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1980–2022 · leading case: Margola Assocs. v. City of Seattle, 854 P.2d 23 (Wash. 1993).
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Margola Assocs. v. City of Seattle, 854 P.2d 23 (Wash. 1993). · cites it 2× “RCW 59.16.030; 59.18.380. The ordinance does not raise further procedural barriers between landlord and tenant but simply represents another defense for the tenant.”
Kennedy v. City of Seattle, 617 P.2d 713 (Wash. 1980). “RCW 59.16.030; 59.18.380. The ordinance does not raise further procedural barriers between landlord and tenant but simply represents another defense for the tenant.”
Kent Sch. Dist. No. 415 v. Ladum, 728 P.2d 164 (Wash. Ct. App. 1986). “" RCW 59.16.030 provides that in circumstances where a defendant in an unlawful entry and detainer action denies the ownership interest of the plaintiff and states facts showing that the defendant has a lawful claim to possession of the property, then the matter is to be tried…”
John Scannell v. Georgiy Bulkhak (Wash. Ct. App. 2019). “For the first time in his reply brief, Scannell claims that Bulkhak’s action was improper under RCW 59.16.030. RCW 59.16 is titled “Unlawful Entry and Detainer.”
Mark Whitmore v. Zane Larsen (Wash. Ct. App. 2020). “Larsen relies in part on RCW 59.16.030, which provides that if a defendant in an action under that chapter denies the plaintiff’s ownership and states facts showing he has a lawful claim to possession, the case shall proceed as if it were an action under the ejectment provisions…”
Rental Hous. Assoc., App/x-resps V. City Of Seattle, Resp/x-app (Wash. Ct. App. 2022). “RCW 59.16.030; 59.18.380. The ordinance does not raise further procedural barriers between landlord and tenant but simply represents another defense for the tenant.”
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