Typically Illegal Actions By a Landlord to Watch Out For
Landlord-tenant laws are generally dictated by individual states. For example, under Washington State’s Residential Landlord-Tenant Act, there are specific actions that, if taken by a landlord, are illegal. These are listed here. Of course, you should check with your own state’s laws just to make sure.
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Landlord-tenant laws are generally dictated by individual states. For example, under Washington State’s Residential Landlord-Tenant Act, there are specific actions that, if taken by a landlord, are illegal. These are listed here. Of course, you should check with your own state’s laws just to make sure.
- Lockouts
The law prohibits landlords from changing locks, adding new locks, or otherwise making it impossible for the tenant to use the normal locks and keys. Even if a tenant is behind in rent, such lockouts are illegal. A tenant who is locked out can file a lawsuit to regain entry. Some local governments also have laws against lockouts and can help a tenant who has been locked out of a rental. For more information, contact your city or county government.
- Utility shut-offs
The landlord may not shut off utilities because the tenant is behind in rent or to force a tenant to move out. Utilities may only be shut off by the landlord to effect repairs and only for a reasonable amount of time. If a landlord intentionally does not pay utility bills so the service will be turned off, that could be considered an illegal shut-off. If the utilities have been shut off by the landlord, first check with the utility company to see if it will restore service. If it appears the shut-off is illegal, you can file a lawsuit. If you win in court, the judge can award you up to $100 per day for the time without service, as well as attorney’s fees.
- Taking the tenant’s property
The law allows a landlord to take a tenant’s property only in the case of abandonment. A clause in a rental agreement that allows the landlord to take a tenant’s property in other situations is not valid. If the landlord does take your property illegally, contact the landlord first. If that is unsuccessful, notify the police. If the property is not returned after the landlord is given a written request, a court could order the landlord to pay you up to $100 for each day the property is kept (to a total of $1,000).
- Renting condemned property
The landlord may not rent units that are condemned or unlawful to occupy due to existing uncorrected code violations. The landlord can be liable for 3 months’ rent or treble damages, whichever is greater, as well as costs and attorney’s fees for knowingly renting the property.
- Retaliatory actions
If a tenant exercises rights under the law, such as complaining to a government authority or deducting for repairs, the law prohibits the landlord from taking retaliatory action. Examples of retaliatory actions are raising the rent, reducing services provided to the tenant, or evicting the tenant. The law initially assumes that these steps are retaliatory if they occur within 90 days of the tenant’s action, unless the tenant was in some way violating the statute when notice of the change was received. If the matter is taken to court and the judge finds in favor of the tenant, the landlord can be ordered to reverse the retaliatory action, as well as pay for any harm done to the tenant and pay the tenant’s attorney’s fees.
Source: Office of the Attorney General, State of Washington, 1996 Residential Landlord-Tenant Law (access.wa.gov).
