CHAPTER 5 - INSPECTING THE PREMISES

            It’s true—a person’s home is his or her castle. Once a landlord enters into a rental agreement with a tenant, the landlord grants an exclusive possessory interest in the property to the tenant. In order for the landlord to enter the premises, he or she must exercise caution before entering into the premises.   Next to evictions, in my opinion nothing seems to evoke more angst with landlords and tenants than inspecting premises. RCW 59.18.150 governs procedures for inspecting premises and sets forth remedies for both landlords and tenants for abuses.

            Under RCW 59.18.150(1), tenants “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. RCW 59.18.150(5) specifically prohibits the right to access as a means for the landlord to harass the tenant. A landlord “shall” not unreasonably interfere with the tenant’s enjoyment of rental unit by “excessively exhibiting” the rental unit. 

            Furthermore, when a tenant or a landlord denies a fire official the right to search a rental unit, RCW 59.18.150(2) provides for issuance of a search warrant from a Superior Court or a Court of Limited Jurisdiction upon a showing of probable cause to search for fire code violations. In the context of a search of a common area, RCW 59.18.150(3)(a) defines common areas to include areas in which tenants would not ordinarily be allowed access such as those areas that contain electrical, plumbing, and mechanical equipment and facilities used for the operation of the rental building.

 

            A landlord must provide two days notice of his or her intent to enter except in the case of an emergency, or if it is impracticable to provide notice. Note that the statute does not specifically state that the landlord must provide a “written” notice although a written notice is good practice. A tenant is prohibited from unreasonably withholding consent to the landlord to enter at a specified time for the purpose of showing the rental unit to a prospective or actual purchaser or new tenant upon one day’s notice. 

            A landlord may enter the dwelling unit without consent of the tenant in case of emergency or abandonment. RCW 59.18.150(4). A tenant's abandonment of leased premises, however, involves an absolute relinquishment of the premises by either an act or omission coupled with the intent to abandon (see Chapter 6 for a discussion of).

            A landlord has no other right of access except by court order, arbitrator or by consent of the tenant. RCW 59.18.150(6). When proper notice is given for entry by a landlord, a tenant has no reasonable expectation of privacy other than that entry for inspection will occur. City of Pasco v. Shaw, 127 Wash.App. 417, 110 P.3d 1200 (2005).

 

            RCW 59.18.150(7) provides a remedy for tenants whose landlord unreasonably or excessively inspects the unit and provides a remedy for landlords whose tenant unreasonably withholds consent to enter. A landlord or tenant who continues to violate the rights of the tenant or landlord with respect to the duties imposed on the other must serve a written notification alleging in good faith violations of RCW 59.18.150 listing the date and time of the alleged violation and notifying the offending party that he or she shall be liable for up to one hundred dollars for each violation after receipt of the notice. 

            Note that if legal action is taken to enforce this provision, the prevailing party may recover costs of the suit or arbitration under this section, and may also recover reasonable attorneys' fees.

            A landlord is relieved from making repairs where a tenant unreasonably fails to allow the landlord access to the property for purposes of repair.  RCW 59.18.060.