WA Supreme Court protects tenant RTC

In Sangha v. Keen, a tenant who received an eviction summons but who had not yet been appointed an attorney under the state RTC law filed and served a notice of appearance pro se, but did not file a formal answer (perhaps because they did not know it was required), and the trial court granted a default judgment to the landlord.

On appeal, the Supreme Court of Washington reversed in an order issued in May 2025, holding that the rules of civil procedure and tenant RTC law, as read together, require a show cause hearing after a pro se notice of appearance is entered, and do not allow for a default judgment for failing to answer. The court relied on RCW 59.18.365, which governs the process for unlawful detainer actions and which explicitly states a tenant may respond by a notice of appearance and mandates a show cause hearing upon response. Similarly, the RTC laws, RCW 59.18.640 and SPR 98.24W, support the conclusion of the court as these laws require indigent tenants to be provided counsel if they appear without counsel- which implies that a tenant will have an opportunity to appear before the court.

The NCCRC, in conjunction with the Tenant Law Center, filed an amicus brief supporting this interpretation, as allowing default judgments after tenants file a notice of appearance would undermine the purpose of Washington’s RTC program.