CHAPTER 3 - PROHIBITED ACTS

            RCW 59.18.240 prohibits retaliation. As long as the tenant is in compliance with his or her obligations under the landlord-tenant act, a landlord cannot lawfully take or even threaten to take reprisals or retaliatory actions against a tenant.

            Reprisals and retaliatory actions include, but are not limited to

            ·Eviction of the tenant;

            ·Increasing the rent required of the tenant;

            ·Reduction of services to the tenant; or

            ·Increasing the obligations of the tenant.

 

            Furthermore, according to RCW 59.18.250, a landlord is presumed to be retaliating against a tenant if the landlord attempts to evict, increase rent, etc. within ninety (90) days of a good faith and lawful complaint to “governmental authority” concerning the landlord’s failure to comply with codes, statutes and ordinances or asserts or enforces any tenant rights and remedies under the Landlord-Tenant Act. The “presumption” means that the landlord must prove that he or she is not retaliating, and proving a negative can be difficult. 

            On the other hand, if at the time the landlord gives notice of termination of tenancy or the tenant is in arrears in rent or in breach of any other lease or rental obligation, there is a rebuttable presumption that the landlord's action is neither a reprisal nor retaliatory action against the tenant. If a court finds that the tenant made a complaint or report to a governmental authority within ninety days after notice of a proposed increase in rent or other action in good faith by the landlord, there is a rebuttable presumption that the complaint or report was not made in good faith. There is no statutory presumption against the landlord with respect to an increase in rent if the landlord specifies reasonable grounds in the notice for increasing the rent. “Reasonable grounds” may include a substantial increase in market value due to remedial action. 

            The presumption of retaliation, with respect to an eviction, may be rebutted by evidence that it is not practical to make necessary repairs while the tenant remains in occupancy. 

            In any action or eviction proceeding where the tenant prevails upon his or her claim or defense that the landlord has violated this section, the tenant may recover his or her costs of suit or arbitration, including a reasonable attorney's fee. Where the landlord prevails upon his or her claim he or she shall be entitled to recover his costs of suit or arbitration, including a reasonable attorney's fee. Interestingly, neither party however may recover attorney's fees under RCW 59.18.250 to the extent that their legal services are provided at no cost to them.

 

            A landlord cannot lawfully seize (or “distrain”) a tenant’s property (RCW 59.18.230). Any provision in a rental agreement purporting to create a lien on the tenant’s personal property or authorizes seizure of the tenant’s property for non-payment of rent is null and void. Any landlord who takes or detains a tenant’s personal property without specific written consent of the tenant is liable to the tenant for the value of the property, actual damages and may also be liable for damages or up to one hundred dollars per day for each day or part of a day the tenant is deprived of his or her property. 

            Again, the prevailing party in such a lawsuit may recover the costs of suit and a reasonable attorney's fee. Any landlord who seizes a tenant’s property for non-payment of rent may be held criminally liable for theft as well.

 

            A landlord cannot lawfully remove or exclude a tenant except under a court order. Any tenant who is locked out or forcibly removed absent a court order so removed may recover possession of the property or terminate the rental agreement (at the tenant’s option) and, in either case, may recover the actual damages sustained. The prevailing party may recover the costs of suit or arbitration and reasonable attorney's fees.  RCW 59.18.290. Damages might include the tenant’s living expenses during the pendency of the litigation, damages for intentional infliction of emotional distress, and “cover” (the difference in the rental value of the property from which the tenant was wrongfully excluded and the property to where the tenant moved). Of course, a landlord could be held criminally liable for assault, burglary, etc.

 

            It is unlawful for a landlord to intentionally terminate any of his or her tenant’s utility services, including water, heat, electricity, or gas. RCW 59.18.300. A landlord can temporarily interrupt utility services for a reasonable time in order to make necessary repairs. The operative words are “necessary repairs.” Any landlord who unlawfully interrupts his or her tenant’s utility service may be liable to the tenant for the tenant’s actual damages, and up to one hundred dollars for each day or part thereof the tenant is thereby deprived of any utility service. Again, the prevailing party in a lawsuit may recover his costs of suit or arbitration and a reasonable attorney's fee.

            There are a number of other prohibited acts. Removing the doors (ostensibly to make unnecessary repairs or otherwise) probably violates the landlord’s duty to furnish adequate locks under 59.18.060(6) and clearly is violation of the mutual good faith obligation under RCW 59.18.020. This probably is a criminal act as well. Of course, if the tenant’s property were stolen or if someone assaulted the tenant, the landlord. 

            The television media just loves these cases. The wronged tenant or tenants are portrayed as victims of a cold, greedy and uncaring landlord. In addition to the civil damages, punitive damages and criminal penalties, a landlord may find a microphone stuck in his or her face with a reporter and cameraman asking pointed questions. Of course, the landlord’s “hemming” and “hawing” makes great footage for the 6:00 p.m. news. There is something about public humiliation that makes the efforts to follow the law seem inconsequential!