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Is this legal?
Anonymous3 views2 answers
I received a 3 day to vacate my apartment. On the day I was at work my landlord removed my stuff and changed the locks. I talk to the police before I got home and the officers told me she can't do that. However when i got home and found out she did I called the police and then was told she had the rite to do so because of that notice. From my research and what the first officer told me the only way you could do that is with a court order. Which wasn't issued. I was told two differnt things by different officers.
Officers are loath to get involved in what they dismissively refer to as "civil matters". Using any kind of force to dispossess someone of their tenancy is, however, a misdemeanor. See RCW 59 12 230. The first officer was correct, the second officer is incorrect.
Your landlord has no right of entry absent your permission, or a notice properly given, and that is only for inspection purposes. Your landlord has committed trespass and converted your property and violated the RLTA, which expressly requires an order signed by a judge to reclaim possession of a residential tenancy.
Almost all notices to terminate require language giving the tenant an alternative. For example, three days to pay -or- vacate. If your landlord can prove you are cooking meth in your apartment, she can give a notice to terminate without an alternative. Otherwise, that notice is completely ineffective.
Your first obligation is to give your landlord notice that she is unlawfully detaining your personal property. This sets up a replevin action. Just as the RLTA allows the prevailing party reasonable attorney fees and costs of suit, the replevin statute also does.
What your landlord did is called a "self-help" eviction and it is expressly NOT allowed in WA. If you need more help, don't hesitate to contact me. Elizabeth Powell
I agree with Ms. Powell, only the sheriff can remove your stuff from the property or allow a lock to be changed. What you may have is an illegal self help eviction. You may want to contact the police and request a civil standby while you break a window to get back into your apartment.
