In light of Governor Inslee's order issued March 18, many courthouses are striking unlawful detainer dockets. In Clark County, orders to show cause are still being considered by the assigned department, but that doesn't necessarily mean a case hearing will be scheduled anytime soon. The vast majority of matters - both civil and criminal - are continued through the end of April 2020.
Special sets before a court commissioner or a judge may still be heard, but when that hearing takes place may depend on the case and the court's schedule.
Agreed orders and protection orders may still be signed at a court's ex parte docket. You may wish to contact your applicable courthouse for more information, or go to the court's website for the latest.
I urge landlords and tenants to work with each other for possible solutions, and this applies even after the pandemic subsides.
In many cases, the direct payments tenants will get from the $2 trillion stimulus package (when the bill is passed and signed) will go towards paying rent.
I have usually not been a fan of direct deposit because of possible technicalities a judge may infer on whether a waiver occurred (i.e. a landlord accepted partial payments instead), but here, direct deposit has major advantages.
To tenants: Even if the landlord serves a 14-day pay-rent-or-vacate notice, that, by itself, does not mean you will be getting evicted. The notice, by itself, also should not doom your prospects to get future housing. If you maintain a healthy relationship with your landlord, that notice may not even come. Notices might even be served only as a procedural move, to keep landlord options on the table. Be transparent with your landlord and have documentation for everything.
To landlords: If you can withstand a potential blow of not seeing rent monthly, a payment plan is likely your first option. On the other hand, if you significantly depend on tenant rent to cover the mortgage and other costs, you may wish to contact your lender for options. Freddie Mac and Fannie Mae have provided information for borrowers. Evictions may just be a final option. However, you may wish to consult an attorney to confirm this, as the facts of the case and any written documentation will make a difference. Many tenants will use COVID-19 as a reason to contest the case.
To fellow attorneys: Some of you may see good business even during the moratorium, since there may be landlords or tenants who are proactive and want to be sure of their rights beforehand. Even in more difficult or emotional landlord-tenant matters, I hope agreements can be reached.
Stay safe out there, and good luck to all.
