Grated, we broke our lease. We got a cheaper place because I lost employment in Sept. Our neighbor said we moved in the middle of night- which we were, but she told our landlord we just "abandoned" it. What was left was our entire kitchen of stuff and very important documents, my laptop, kids tables and chairs, mini fridge, and MANY things that claimed that we didn't just abandon it. We left Saturday morning and had intentions to come back Sunday evening to collect the rest of our belongings. We were going to talk to landlord and let them know we were leaving due to financial reasons. The landlord never took us to court for nonpayment of rent for October. Instead she just changed locks on us and claimed "Abandonment" after 30 hours of being gone.
http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.230
Even if you abandoned the premises, the landlord cannot simply seize your properties. You should review RCW 59.18.310 (Default in rent – Abandonment – Liability of tenant – Landlord's remedies – Sale of tenant's property by landlord) to see what the statutory requirements are.
If this happened in September, you need to act quickly before your properties disappear.
You should keep in mind that if you did not pay rent, you likely owe some rent.
You likely should review your specific facts with your attorney to find out your legal options.
What you may have here is an action for breach of the implied covenant of quiet enjoyment. The facts in your case seem very similar to a case called Aldrich v. Olson in which the court ruled that that changing the locks constituted an illegal lockout and breach of the implied conveant of quiet enjoyment. Remedies are available in such situations but you must act quick and discuss your situation with an attorney ASAP. Keep in mind that an act of abandonment requires an intent to abandon and acts of abandonment. If a landlord changes the locks without proper court order or an actual abandonment, they may be liable for conversion, breach of contract.
Again, contact an attorney ASAP, especially if you have property left at the rental.
Abandonment is a legal conclusion that has to be supported by a failure to pay rent AND an afirmative act on the part of the tenant indicating an intention not to return. For example, if the tenant dropped off the keys and said, "we are gone and out" that is an affirmative act.
Here, you were evicted without a court order because your landlord engaged in self help which is specifically unlawful under the RLTA. Please contact a local real estate attorney because on these facts you have a GREAT case.
Hope this helps. Elizabeth Powell
