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Your Privacy Rights
One common problem that tenants face is managers entering an apartment without permission. Illegal entry by a landlord can be a frightening and frustrating situation for tenants. Fortunately, the Washington State Residential Landlord-Tenant Act (RLTA) clearly requires a landlord to get a tenant’s permision to enter, and gives tenants the option of collecting penalties against the owner if the landlord enters without permission.
Landlords must give notice before they can enter a rental
Except in cases of emergency, the RLTA (RCW 59.18.150) requires landlords to receive a tenant’s consent before the landlord, manager, maintenance or other workers can enter a tenant’s apartment or house. A tenant cannot unreasonably deny access to the landlord. The required notice periods:
- A landlord must give 24 hours advance notice to the tenant if the landlord wants to show the rental to a prospective tenant or purchaser.
- A landlord must give 48 hours advance notice to a tenant if the landlord wants to enter to do work or an inspection.
- The landlord does not have to give advance notice if they must enter in an emergency.
If the landlord leaves a note on the door or a message on the tenant’s answering machine this is adequate notice to enter. If the tenant doesn’t contact the landlord and say “no”, it means “yes”. The tenant may reschedule at their convenience if necessary. Remember, though, that a tenant cannot “unreasonably deny access” to the landlord, so don’t reschedule for next year. It’s also always a good idea to communicate with the landlord in writing when rescheduling.
Tenants cannot sign away their rights
Often rental contracts include rules that are contrary to State law. The RLTA prohibits a tenant from signing away the rights they have as a tenant. Any rules or sections of a rental contract that contradict State landlord-tenant law are unenforceable.
For example, the RLTA requires the following:
- The landlord must give advance notice of 24 hours or 48 hours before entering the rental.
- If a tenant cannot use a refrigerator or stove, the landlord must begin repairs within three days of receiving written notice from the tenant of the repair problem.
- The landlord must keep the rental in a reasonably weathertight condition
- The landlord must keep any shared or common areas clean and safe. Common areas include walkways used by tenants or a shared yard.
These are all examples of rights that a tenant cannot sign away, regardless of what the rental contract says. If your contract contradicts state law, then those sections of the contract cannot be enforced. The rental contract itself is still valid, but those specific rules are not.
What to do if a landlord illegally enters
If a landlord or anyone working for the landlord enters a rental without the tenant’s permission, the landlord has violated state law. If your landlord, manager, or other workers come in without proper notice, send your landlord a letter including the date and time of the violation of the law and ask them not to do it again. A sample letter is available If they do violate your right to privacy again after receiving the letter, they are liable to you for $100 every time. Please refer to the page about Small Claims Court for more information about collecting your $100.
Posted: Monday, December 6, 2004
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The Tenants Union cannot act as your attorney, and its staff members are not attorneys. The Tenants Union makes no representations, expressed or implied, that the information contained in or linked to its web site can or will be used or interpreted in any particular way by any governmental agency or court. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.