Can landlords change locks during an eviction?

Washington Tenant Guidance: Can Landlords Change Locks During an Eviction?

In Washington State, tenants facing eviction often have many questions about their rights, especially regarding whether landlords can change locks during the eviction process. Understanding the legal framework helps tenants protect their rights and navigate the eviction process more confidently.

Overview of Evictions in Washington

Eviction in Washington must follow specific legal procedures. Generally, landlords cannot forcibly remove tenants or alter the premises, such as by changing locks, without a court’s authorization. The eviction process ensures tenants have the opportunity to respond and, if necessary, appeal or negotiate.

Are Landlords Allowed to Change Locks During an Eviction?

The short answer: No, Washington landlords cannot legally change the locks on a rental property to exclude a tenant without a court order authorizing eviction.

Key Points:

• Lock changes are considered a form of “self-help” eviction, which is generally prohibited.

Washington law requires landlords to use the court system to regain possession legally.

• A landlord must obtain a writ of restitution before removing a tenant.

This writ is an official court order allowing physical eviction by law enforcement.

• Changing locks before court authorization is illegal and can have legal consequences.

Tenants may be able to sue landlords for wrongful eviction or seek damages.

What Does Washington Law Say?

Under Washington’s landlord-tenant laws, including the Residential Landlord-Tenant Act (RCW 59.18), landlords must follow specific steps:

1. Notification:

Landlords must provide tenants with written notice to terminate tenancy (e.g., 14-day or 10-day notices for nonpayment or lease violations).

1. Filing an Eviction Lawsuit:

If the tenant does not comply with the notice, the landlord must file an unlawful detainer action in court.

1. Court Judgment:

The court will schedule a hearing. If the landlord prevails, a judgment for possession is issued.

1. Writ of Restitution:

After judgment, the landlord must obtain a writ of restitution from the court to authorize law enforcement to physically remove the tenant.

1. Physical Eviction by Law Enforcement:

Only after a sheriff or marshal executes the writ can the landlord lawfully take possession, including changing locks.

Important:

Changing locks or removing a tenant’s belongings prior to this official process is against the law in Washington.

What Are the Consequences of Illegal Lockouts?

If a landlord changes locks unlawfully or conducts a “self-help” eviction, tenants have specific rights:

• Filing a claim for wrongful eviction:

Tenants may bring a lawsuit against the landlord for damages, which can include actual damages, statutory damages, and possibly attorney’s fees.

• Right to regain access and continue tenancy:

Washington courts recognize that improper lockouts can entitle tenants to remain in possession and recover costs.

• Reporting to local authorities:

Tenants may report illegal eviction attempts to local law enforcement or housing agencies.

What Should Tenants Do If the Landlord Changes the Locks Without Authorization?

If you are a tenant in Washington and find yourself locked out without a court order:

• Do not force entry:

Avoid breaking doors or windows, as this could lead to criminal charges or your eviction being justified.

• Contact local law enforcement:

Explain that the lockout appears illegal since no eviction order has been issued.

• Seek legal assistance immediately:

Contact a tenant rights organization or an attorney experienced in Washington landlord-tenant law.

• Document everything:

Take photos, keep written communications, and note times and dates in case you need evidence for court.

Can a Landlord Change Locks After a Lawful Eviction?

Once a landlord has followed the proper legal eviction process and the tenant has been lawfully removed under a writ of restitution executed by law enforcement, the landlord may:

• Change the locks.
• Take possession of the unit.
• Remove remaining tenant property according to law.

This lock change is not “self-help” eviction but part of the lawful repossession of property.

Additional Considerations in Washington

• Lockouts during the COVID-19 eviction moratoriums:

Washington implemented temporary protections; during these times, unlawful lockouts were strictly prohibited and punishable.

• Tenant protection laws:

Washington tenants have broad protections under RCW 59.18, and various local jurisdictions may have additional ordinances requiring adherence to eviction and lockout rules.

Summary

In Washington State, landlords are not allowed to change locks during an eviction without first obtaining a court order and having the eviction executed through law enforcement. Lock changes done prematurely constitute illegal “self-help” eviction, potentially exposing landlords to legal liability. Tenants facing eviction should understand their rights, remain informed of the eviction status, and seek legal help if they are locked out unlawfully.

Being aware of these rules can help tenants protect their housing and navigate the eviction process properly and safely.