How to Delay a Sheriff Lockout with Eviction Appeals in Washington

If you’re a renter in Washington facing an eviction, you may worry about being locked out of your home before you’ve had a fair chance to appeal. Understanding your rights and options to stay the sheriff lockout during an appeal can help you protect your housing until a final decision is made. This guide covers how the process works, key terms, and what steps to take if you want to stay in your home while your eviction appeal is considered.

Understanding the Eviction Process and Appeals in Washington

After an eviction judgement in Washington, the landlord may obtain a Writ of Restitution, which authorizes the local sheriff to forcibly remove you (this is called a "sheriff lockout"). However, Washington law gives renters the right to appeal the eviction decision. If you take the proper steps promptly, you can temporarily prevent the enforcement of the lockout while your appeal is pending.

The Main Tribunal Handling Washington Rental Disputes

• Washington State Courts: Most eviction cases are handled in county-level Superior Courts, which process residential eviction ("unlawful detainer") cases.

The rules about eviction, appeals, and stays come from the Washington Residential Landlord-Tenant Act (RCW 59.18) and the Unlawful Detainer Act (RCW 59.12).^[1][2]

What Is a Stay of Sheriff Lockout?

A "stay" is an order from the court that pauses the enforcement of the eviction while your appeal is decided. Without a stay, the sheriff may carry out the lockout even if your appeal is still ongoing.

How to Request a Stay of Eviction After an Unlawful Detainer Judgment

If you lost your eviction case but filed a Notice of Appeal, you can ask the court for a stay to prevent the sheriff's lockout until your appeal is resolved.

Key Official Forms and Documents

• Notice of Appeal (no universal state form; must follow local Superior Court rules)
  • Used to notify the court and landlord you are appealing the eviction judgement.
  • Practical Example: After losing your eviction case, file a Notice of Appeal in the same court. The court clerk or self-help center can provide sample forms.
  • See: Washington Courts Civil Forms
• Motion for Stay of Enforcement of Judgment (sample captioned motion needed; local templates may exist)
  • File this motion with the court to request the sheriff eviction be postponed during your appeal.
  • Practical Example: Fill out and file this motion in the same Superior Court, with a declaration explaining why you need the stay. Attach your Notice of Appeal.
  • Review local court rules or ask the court's self-help desk for assistance.
• Supersedeas Bond (sometimes required by the court)
  • The court may require you to post a "bond" (money deposit) to cover any unpaid rent or damages during the appeal.
  • Practical Example: The judge may condition your stay on your posting a supersedeas bond. Ask the court clerk for bond requirements in your county.
  • See bond requirements in: RCW 59.12.200 - Stay of Proceedings on Appeal

Steps to Stay the Lockout Through Appeal

Act quickly after an eviction judgement. Here's how the process works:

• File a Notice of Appeal within 5 days of the judgment
• Request a Motion for Stay of the eviction while your appeal is pending
• Ask about Supersedeas Bond requirements in your county; be prepared to pay required bond or rent into court
• Serve copies of your filings to the landlord or landlord's attorney
• Attend any court hearing scheduled on your motion

Key Rules and Deadlines

• You must file your Notice of Appeal within 5 days after the eviction judgment.
• The court has discretion to grant a stay if you meet bond or payment conditions.
• Failure to follow exact procedures may allow the sheriff to execute the lockout.

If you miss a deadline, the sheriff lockout will likely proceed even if you intend to appeal.

What If the Court Requires Ongoing Rent Payments?

Judges may require renters appealing an eviction to pay ongoing rent into the court registry each month while the appeal is pending. If you miss a payment, the stay of lockout could be lifted and eviction enforced.^[3]

1. How quickly must I act after an eviction judgment in Washington?
   As a renter, you must file your Notice of Appeal within five calendar days after the court issues the judgment for eviction. Missing this deadline generally means you lose your right to appeal and stay the lockout.
2. Can I stay in my apartment while my eviction appeal is pending?
   Yes, you may remain in your rental if you promptly file an appeal and the court approves your stay of the eviction, usually with conditions such as posting a bond or paying ongoing rent to the court.
3. What is a supersedeas bond in an eviction appeal?
   A supersedeas bond is a sum of money (or sometimes assurance of payment) set by the judge that may be required to "secure" any rent or damages owed while your appeal is ongoing.
4. Where can I find the forms for appealing my eviction or requesting a stay?
   Washington courts do not have a single state-wide form, but your county's Superior Court or local courthouse can provide the required Notice of Appeal and sample motions. See Washington Courts Civil Forms for resources.
5. What happens if I lose my appeal?
   If your appeal is denied or dismissed, the stay will be lifted and the sheriff lockout can proceed quickly—sometimes with little notice. You will likely need to move out immediately unless other arrangements are made.

Need Help? Resources for Renters

• Washington State Courts Self-Help Center – Guides for renters and help finding local resources
• Washington LawHelp – Free legal information and help for Washington renters
• Eviction Basics for Tenants
• How to Appeal an Eviction in Washington
• Washington Attorney General's Landlord-Tenant Resource Center
• Contact your local legal aid office for free or low-cost legal representation

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1. [1] Washington Residential Landlord-Tenant Act (RCW 59.18)
2. [2] Washington Unlawful Detainer Act (RCW 59.12)
3. [3] RCW 59.12.200 – Stay of Proceedings on Appeal

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