Legal Reasons for Entry |
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Notice Requirement |
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Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Washington?
Washington landlords have the right to enter a rental property for the following reasons:
- Inspecting the property.
- Maintenance and repairs.
- Showing the property.
- Emergencies.
Can a Landlord Enter Without Permission in Washington?
Washington landlords can legally enter a rental property without the tenant’s permission in emergencies.
Can a Landlord Enter Without the Tenant Present in Washington?
Washington landlords can legally enter rental property without the tenant present.
Can a Landlord Show a House While Occupied in Washington?
Washington landlords can show an occupied house. The renter can’t unreasonably refuse. However, the law prohibits landlords from showing an excessive amount of times, or in an unreasonable way that significantly affects the tenant’s right to quiet enjoyment of the property.
How Often Can Landlords Conduct Routine Inspections in Washington?
Washington landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Washington?
Washington landlords usually have to provide at least two days’ advance notice before entering rental property. This is reduced to one day for property showings. The landlord can also give less notice when there’s a provable reason the standard notice requirement isn’t practically possible.
Can a Landlord Enter Without Notice in Washington?
Washington landlords can’t enter without proper advance notice, except in emergencies and other situations where there’s a provable reason that it’s not practically possible to give the renter notice before entry.
How Can Landlords Notify Tenants of an Intention To Enter in Washington?
Washington landlords must notify in writing about an intention to enter. The notice must specify the time and date for entry (within a reasonable range), and must also have a telephone number the tenant can call to object to the entry or ask for rescheduling.
Can a Tenant Refuse Entry to a Landlord in Washington?
Washington tenants can often refuse landlord entry. Landlords can enter in emergencies regardless of consent. Tenants can only enter for other legally allowed purposes when notice requirements haven’t been followed properly, or when the time or manner are unreasonable.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Washington?
Washington landlords must first give a written warning when tenants illegally refuse a valid entry. If violations of the landlord’s entry rights continue, landlords can take any of the following actions:
- Recover $100 for each violation
- Get a court order to force access.
- Recover cost of any actual damages through a lawsuit.
- Recover court costs (including for arbitration) and attorney fees from the tenant through a lawsuit.
Can a Tenant Change the Locks Without Permission in Washington?
Washington tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s reasonable for tenants to provide copies of current keys, and in some cases the tenant is legally required to do so.
What Can a Tenant Do If the Landlord Enters Illegally in Washington?
Washington tenants must first give a written warning if the landlord enters illegally, or demands entry repeatedly and unreasonably in a way that harasses the tenant. If violations continue, tenants can take any of the following actions:
- Recover $100 for each violation
- Get a court order to force access.
- Recover cost of any actual damages through a lawsuit.
- Recover court costs (including for arbitration) and attorney fees from the landlord through a lawsuit.
Sources
- 1 Rev. Code Wa. § 59.18.160(1) (2022)
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“The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.”
Source Link - 2 Rev. Code Wa. § 59.18.160(5) (2022)
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“The landlord may enter the dwelling unit without consent of the tenant in case of emergency or abandonment.”
Source Link - 3 Rev. Code Wa. § 59.18.160(6) (2022)
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“The landlord shall not abuse the right of access or use it to harass the tenant, and shall provide notice before entry as provided in this subsection. Except in the case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days’ written notice of his or her intent to enter and shall enter only at reasonable times. The notice must state the exact time and date or dates of entry or specify a period of time during that date or dates in which the entry will occur, in which case the notice must specify the earliest and latest possible times of entry. The notice must also specify the telephone number to which the tenant may communicate any objection or request to reschedule the entry. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit at a specified time where the landlord has given at least one day’s notice of intent to enter to exhibit the dwelling unit to prospective or actual purchasers or tenants. A landlord shall not unreasonably interfere with a tenant’s enjoyment of the rented dwelling unit by excessively exhibiting the dwelling unit.”
Source Link - 4 Rev. Code Wa. § 59.18.160(7) (2022)
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“The landlord has no other right of access except by court order, arbitrator or by consent of the tenant.”
Source Link - 5 Rev. Code Wa. § 59.18.160(9) (2022)
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At common law, the tenant normally has an absolute right to refuse entries that aren’t explicitly allowed by the law or the lease, which can even include having the landlord charged with criminal trespass in some cases. The common law also allows government authorities to enter the property without tenant consent in cases of emergency or exigent circumstances (such as preserving evidence in a no-knock raid).
Additionally, when it comes to remedies, the remedies of monetary damages and injunction are available at common law for contractual issues such as the breach of a lease, as a supplement to the penalties provided for unlawful entries under section 59.18.160(8).
“Nothing in this section is intended to (a) abrogate or modify in any way any common law right or privilege or (b) affect the common law as it relates to a local municipality’s right of entry under emergency or exigent circumstances.”
Source Link - 6 Rev. Code Wa. § 59.18.160(8) (2022)
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“A landlord or tenant who continues to violate the rights of the tenant or landlord with respect to the duties imposed on the other as set forth in this section after being served with one written notification alleging in good faith violations of this section listing the date and time of the violation shall be liable for up to one hundred dollars for each violation after receipt of the notice. The prevailing landlord or tenant may recover costs of the suit or arbitration under this section, and may also recover reasonable attorneys’ fees.”
Source Link - 7 Rev. Code Wa. § 59.18.100(1) (2022)
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“If, at any time during the tenancy, the landlord fails to carry out any of the duties imposed by RCW 59.18.060, and notice of the defect is given to the landlord pursuant to RCW 59.18.070, the tenant may submit to the landlord or his or her designated agent by first-class mail or in person a good faith estimate by the tenant of the cost to perform the repairs necessary to correct the defective condition if the repair is to be done by licensed or registered persons, or if no licensing or registration requirement applies to the type of work to be performed, the cost if the repair is to be done by responsible persons capable of performing such repairs. Such estimate may be submitted to the landlord at the same time as notice is given pursuant to RCW 59.18.070. The remedy provided in this section shall not be available for a landlord’s failure to carry out the duties in *RCW 59.18.060 (9) and (14). If the tenant utilizes this section for repairs pursuant to RCW 59.18.060(6), the tenant shall promptly provide the landlord with a key to any new or replaced locks. The amount the tenant may deduct from the rent may vary from the estimate, but cannot exceed the two-month limit as described in subsection (2) of this section.”
Source Link