Wash. Rev. Code » Title 59 · Chapter 59.18

Wash. Rev. Code § 59.18.390

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(1) The sheriff shall, upon receiving the writ of restitution, forthwith serve a copy thereof upon the tenant, his or her agent, or attorney, or a person in possession of the premises, and shall not execute the same for three days thereafter. After the issuance of a writ of restitution, acceptance of a payment by the landlord that only partially satisfies the judgment will not invalidate the writ unless pursuant to a written agreement executed by both parties. The eviction will not be postponed or stopped unless a copy of that written agreement is provided to the sheriff. It is the responsibility of the tenant to ensure a copy of the agreement is provided to the sheriff. Upon receipt of the agreement, the sheriff will cease action unless ordered to do otherwise by the court. The writ of restitution and the notice that accompanies the writ of restitution required under RCW 59.18.312 shall conspicuously state in boldface type, all capitals, not less than twelve points information about partial payments as set forth in subsection (2) of this section. If the writ of restitution has been based upon a finding by the court that the tenant, subtenant, sublessee, or a person residing at the rental premises has engaged in drug-related activity or has allowed any other person to engage in drug-related activity at those premises with his or her knowledge or approval, neither the tenant nor a person in possession of the premises shall be entitled to post a bond in order to retain possession of the premises. The writ may be served by the sheriff, in the event he or she shall be unable to find the tenant, an agent or attorney, or a person in possession of the premises, by affixing a copy of the writ in a conspicuous place upon the premises: PROVIDED, That the sheriff shall not require any bond for the service or execution of the writ. The sheriff shall be immune from all civil liability for serving and enforcing writs of restitution unless the sheriff is grossly negligent in carrying out his or her duty.
(2) The notice accompanying a writ of restitution required under RCW 59.18.312 shall be substantially similar to the following:
IMPORTANT NOTICE - PARTIAL PAYMENTS
YOUR LANDLORD'S ACCEPTANCE OF A PARTIAL PAYMENT FROM YOU AFTER SERVICE OF THIS WRIT OF RESTITUTION WILL NOT AUTOMATICALLY POSTPONE OR STOP YOUR EVICTION. IF YOU HAVE A WRITTEN AGREEMENT WITH YOUR LANDLORD THAT THE EVICTION WILL BE POSTPONED OR STOPPED, IT IS YOUR RESPONSIBILITY TO PROVIDE A COPY OF THE AGREEMENT TO THE SHERIFF. THE SHERIFF WILL NOT CEASE ACTION UNLESS YOU PROVIDE A COPY OF THE AGREEMENT. AT THE DIRECTION OF THE COURT THE SHERIFF MAY TAKE FURTHER ACTION.
[ 2019 c 356 s 8; 2011 c 132 s 19; 1997 c 255 s 1; 1989 c 342 s 11; 1988 c 150 s 3; 1973 1st ex.s. c 207 s 40.]

Notes:

Intent—2019 c 356: See note following RCW 59.12.030.
Legislative findings—Severability—1988 c 150: See notes following RCW 59.18.130.
Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 2005–2026 · leading case: Randy Reynolds & Assocs., Inc. v. Harmon
Sort: Relevance Newest Treatment
Randy Reynolds & Assocs., Inc. v. Harmon (2018) wash · cites it 17× “Fourth, the level of adversity between the parties favored the landlord. *683 ¶ 21 On balance, the four factors support reaching the merits of this case.”
Eva Moore v. John Urquhart (2018) ca9 · cites it 2× “Wash. Rev. Code § 59.18.390 . The Sheriff’s role in executing those writs makes him a proper defendant in an Ex parte Young suit seeking to enjoin enforcement of § 375.”
HOUSING AUTHORITY CITY OF PASCO AND FRANKLIN CTY. v. Pleasant (2005) washctapp · cites it 2× “RCW 59.18.390. ¶ 13 The bond need only be filed if the tenant seeks a stay pending review.”
Housing Authority v. Pleasant (2005) washctapp · cites it 2× “RCW 59.18.390. ¶13 The bond need be filed only if the tenant seeks a stay pending review.”
Randy Reynolds & Assocs. v. Harmon (2019) wash · cites it 17× “On balance, the four factors support reaching the merits of this case.”
Randy Reynolds & Assocs. v. Harmon (2019) wash · cites it 16× “On balance, the four factors support reaching the merits of this case.”
Randy Reynolds, & Associates, Inc. v. Kasey Harmon (2017) washctapp · cites it 12× “We hold that the superior court commissioner erred when she heard the ex parte motion to stay execution of the writ of restitution and waived the bond without notice to Reynolds in violation of the notice and hearing requirements provided in RCW 59.18.390(1). Consequently, we…”
John Hawthorne v. Kristina Pomerleau (2017) washctapp · cites it 4× “We hold that the superior court commissioner erred when it heard the ex parte motions to stay execution of the writs of restitution and waived the bond without notice to Hawthorne in violation of the notice and hearing requirements provided in RCW 59.18.390(1). We reverse. FACTS…”
Maggie Properties, Llc, V. Bernard Nolan (2023) washctapp “2d at 158 (citing RCW 59.18.390(1)). “Whether or not the court issues a writ of restitution at the show cause hearing, if material factual issues exist, the court is required to enter an order 4 No.”
Eight Is Enough, Llc, V. Cynthia Ohlig (2024) washctapp “2d at 158 (citing RCW 59.18.390(1)). However, “[i]f there are genuine issues of material fact regarding possession or defenses raised by the tenant, the court sets the matter for trial.”
Princeton Property Management, Inc., Resp V. Kathleen Allen, Apps (2024) washctapp “• RCW 59.18.390. The right to three days between the service of the writ of restitution and execution of the writ.”
Esterra Commons Venture, Llc, V. Justin Norton (2026) washctapp “3d 677 (2019) (citing RCW 59.18.390(1)). We review the trial court’s findings of fact in a show cause hearing in an unlawful detainer action for substantial evidence, and we review conclusions of law de novo.”
— Wash. Rev. Code § 59.18.390(1) — 10 cases
Randy Reynolds & Assocs., Inc. v. Harmon (2018) wash “Fourth, the level of adversity between the parties favored the landlord. *683 ¶ 21 On balance, the four factors support reaching the merits of this case.”
HOUSING AUTHORITY CITY OF PASCO AND FRANKLIN CTY. v. Pleasant (2005) washctapp “RCW 59.18.390. ¶ 13 The bond need only be filed if the tenant seeks a stay pending review.”
Housing Authority v. Pleasant (2005) washctapp “RCW 59.18.390. ¶13 The bond need be filed only if the tenant seeks a stay pending review.”
Randy Reynolds, & Associates, Inc. v. Kasey Harmon (2017) washctapp “We hold that the superior court commissioner erred when she heard the ex parte motion to stay execution of the writ of restitution and waived the bond without notice to Reynolds in violation of the notice and hearing requirements provided in RCW 59.18.390(1). Consequently, we…”
Randy Reynolds & Assocs. v. Harmon (2019) wash “On balance, the four factors support reaching the merits of this case.”
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