Can landlords evict tenants for complaints or retaliation?

Understanding Evictions and Retaliation Protections for Tenants in Washington State

In Washington State, tenants have specific legal protections against retaliatory evictions. If a tenant exercises their rights by making complaints about their rental unit or reporting code violations, landlords are prohibited from using eviction as a means to punish or intimidate. This guidance outlines the relevant tenant protections regarding evictions and retaliation and provides practical advice for Washington renters.

What Is Retaliatory Eviction?

A retaliatory eviction occurs when a landlord tries to evict a tenant because the tenant has:

• Complained about unsafe or unhealthy living conditions
• Reported housing code violations to a government agency
• Joined or organized a tenant's union or other tenant group
• Exercised other legal rights related to tenancy or housing conditions

Washington’s laws are designed to protect tenants from eviction or other punitive actions by landlords in response to these lawful activities.

Washington State Laws Protecting Tenants from Retaliatory Evictions

Under Washington law, particularly RCW 59.18.240 (Landlord’s Obligations; Tenant Remedies), landlords cannot evict tenants or adjust lease terms in retaliation for certain tenant actions. Key points include:

• Prohibition on Retaliatory Evictions: Landlords may not terminate a tenancy or increase rent, reduce services, or otherwise penalize tenants for complaining about housing code violations or for seeking to enforce any lease or rental agreement terms.
• Protected Actions: Filing a complaint with a local or state agency about unsafe or unfit rental conditions is protected. Likewise, tenants joining tenant unions or asserting their rights under landlord-tenant law are protected.
• Time Frame: Retaliation is presumed if it occurs within six months of the tenant engaging in a protected act. For example, if a tenant reports a security hazard to the city’s housing inspector and receives an eviction notice two months later, this could be deemed retaliation.

Examples of Retaliation That Are Illegal in Washington

A landlord's actions may be considered retaliation if they occur shortly after the tenant:

• Submitted a written complaint regarding code violations such as mold, faulty wiring, or pest infestation
• Reported the landlord to a health or safety agency
• Participated in a tenants’ association
• Requested repairs or otherwise sought enforcement of lease terms

Examples of retaliatory conduct include:

• Serving an eviction notice without legitimate cause following a complaint
• Increasing rent sharply after a tenant joins a tenant advocacy group
• Reducing essential services such as heat, water, or garbage pickup after a complaint

How Tenants Can Protect Themselves Against Retaliatory Eviction

1. Document Complaints and Communications:

- Keep written records of all complaints to the landlord, including dates, photos, and descriptions. - Always follow up verbal complaints with written communication (email or letter) to create a paper trail.

1. Report Issues to Authorities:

- File formal complaints about housing code violations with local agencies such as the Washington Department of Labor & Industries or the local housing or health department. - Obtain copies of these reports to support a retaliation claim if needed.

1. Know Your Lease and Rights:

- Review your lease agreement for terms related to eviction. - Understand Washington tenant rights under RCW 59.18 and consult tenant handbooks or legal aid resources.

1. Respond Properly to Eviction Notices:

- If you receive an eviction notice shortly after making a complaint, seek legal advice immediately. - Washington courts may require landlords to prove that the eviction is not retaliatory.

1. Seek Legal Assistance:

- Contact tenant advocacy groups such as the Washington Tenants Union or local legal aid organizations. - Many offer free or low-cost legal guidance for eviction and retaliation cases.

What Can Tenants Do if They Face Retaliation?

If you believe you are being evicted in retaliation for a complaint or other protected action:

• Challenge the Eviction: You can contest the eviction in court by arguing that it is retaliatory. The burden may shift to the landlord to show a legitimate, non-retaliatory reason for eviction.
• File a Complaint: You may file a complaint with the Washington State Attorney General's Office or local housing agency.
• Request Mediation: Some jurisdictions in Washington offer landlord-tenant mediation services to resolve disputes.

Summary

In Washington State, tenants are legally protected from retaliatory evictions and other punitive landlord actions stemming from complaints or lawful assertions of their rights. Landlords cannot use eviction or rent increases as punishment shortly after a tenant reports violations or advocates for their housing conditions. Tenants should document all communications, report issues to authorities, and seek legal assistance to safeguard their rights. When faced with a potential retaliatory eviction, understanding and asserting these protections can prevent unjust displacement and help maintain safe and lawful housing.