Washington State's Illegal Landlord Actions

Renting a residence can be tricky business, and most renters go into their lease with little knowledge of their rights. One particular area of interest to renters is illegal actions on the part of their landlords.

This is particularly important to renters because knowing what to expect in uncertain times, and when to put your foot down can save both your butt and your credibility as a renter. Who wants a bad rap due to being jerked around? It's hard enough to secure an apartment, so having good renter's credit is extremely important.

The first major area of concern is facing retaliation from a landlord. This can happen when landlords are challenged., or when rent is withheld by the renter, even if it was withheld legitimately. This is where Washington state's Landlord-Tenant act comes into play. Under the law, it is illegal for a landlord to take retaliatory action for a tenant's legitimate complaints to government or other governing agency, or for a renter withholding rent if proper steps were taken in order to do so and the reason is within the law. So while retaliatory action may occur, renters should not fear taking appropriate action in order to secure or maintain safe and clean housing. This is stated in RCW 59.18.240-250, which will be important to know if retaliatory action is experienced. Sometimes simply mentioning your rights concerning this law is enough to set a wayward landlord straight, other times, you'll need this backing in order to obtain legal representation to aid you in dealing with your landlord situation.

The retaliation law goes on to specify what conditions may occur in order for actions to be considered retaliatory. Actions such as raising the rent, removing previously provided services, evicting a tenant for no legal reason, or taking actions that would force a tenant to leave for no legal reason, within 90 days of a tenant's complaint or withholding of rent is considered retaliation. The key to proving retaliation is that the tenant is not in violation of any part of the lease in any way. If the tenant is not paid up on rent, or is behind in paying for utilities provided by the landlord, there is an argument on the side of the landlord that his/her actions are not retaliatory, but justified. Thus, it is essential that tenants putting in complaints, or taking actions for repairs, be up-to-date on all bills and obligations of renting.

This raises the next issue, can a landlord shut off utilities? For example, if you're late on rent, can a landlord shut off the utilities? The answer is no. Under the law, a landlord cannot shut off the utilities for late rent, nor can they shut off utilities in order to try and force a tenant out of the residence. (RCW 59.18.300). In cases of eviction, proper steps must be taken to get a tenant out of the apartment, however, shutting off utilities is not a legal method, and tenants can take action against a landlord that uses a utilities shut off to evict them. Furthermore, a landlord who is in charge of paying utilities as part of the lease agreement cannot stop payment on utilities. Failure to pay on the part of the landlord that results in a shut off is considered an illegal shut off, and actions can be taken against the landlord.

The next illegal action is the taking or confiscating of a tenant's property. Under RCW 59.18.310, it is illegal for a landlord to take and keep any property belonging to the tenant, unless the property is abandoned. It is specifically noted that "a clause in a rental agreement which allows the landlord to take a tenant's property in other situations is not valid." This means in no case, other than abandonment, is the taking of property permitted. Even though a lease stating otherwise is not legal or valid, tenants should not sign one that claims such actions are appropriate, and should give second thought to anyone or any place that would try to sneak something like that in the lease agreement.

Also illegal are landlord initiated lock-outs. This does not apply to accidental lock-outs by renters, it is specifically for lock-outs done by landlords. The most important part of the law is that lock-outs are illegal even in cases where the renter is late on rent. In no case does the law allow for a landlord to make it impossible for the renter to enter their residence with the keys provided to them. Under RCW 59.18.290, a renter can take action against a landlord for any type of lock-out.

Lastly, RCW 59.18.085 prohibits landlords from renting out property that has been condemned or otherwise deemed unfit for human occupation. While this seems very common sense, it can be an issue with landlords seeking to rent out property that is ultimately going to be destroyed. This seems to be an issue for young adults looking for cheap housing since many houses on the chopping block offer an affordable place to stay. However, in looking at places like this it is important to get the details. Why is it going to be destroyed? Is it simply for an update or a new owner? Or are there issues with it that makes it unfit to rent? If the latter is the case, not only is it illegal to rent, but it is also dangerous to live in.

All in all, the illegal landlord actions according to Washington law are fairly common sense, however, knowing them can save you huge headaches if you ever find yourself in the middle of a landlord-tenant dispute.

For more information on anything discussed within this article, refer to the Washington Residential Landlord-Tenant Act, and/or the Department of Planning and Development.

References:

Department of Planning and Development. (N.d). The Washington Residential Landlord-Tenant Act.

www.seattle.gov/dpd/publications