Revised Code of Washington
Chapter 59.18 - Residential Landlord-Tenant Act.
59.18.290 - Removal or exclusion of tenant from premises—Holding over or excluding landlord from premises after termination date—Attorneys' fees.

RCW 59.18.290
Removal or exclusion of tenant from premises—Holding over or excluding landlord from premises after termination date—Attorneys' fees.

(1) It is unlawful for the landlord to remove or exclude from the premises the tenant thereof except under a court order so authorizing. Any tenant so removed or excluded in violation of this section may recover possession of the property or terminate the rental agreement and, in either case, may recover the actual damages sustained. The prevailing party may recover the costs of suit or arbitration and reasonable attorneys' fees.
(2) It is unlawful for the tenant to hold over in the premises or exclude the landlord therefrom after the termination of the rental agreement except under a valid court order so authorizing. Any landlord so deprived of possession of premises in violation of this section may recover possession of the property and damages sustained by him or her, and the prevailing party may recover his or her costs of suit or arbitration and reasonable attorneys' fees subject to subsections (3) and (4) of this section.
(3) Where the court has entered a judgment in favor of the landlord restoring possession of the property to the landlord, the court may award reasonable attorneys' fees to the landlord; however, the court shall not award attorneys' fees in the following instances:
(a) If the judgment for possession is entered after the tenant failed to respond to a pleading or other notice requiring a response authorized under this chapter; or
(b) If the total amount of rent awarded in the judgment for rent is equal to or less than two months of the tenant's monthly contract rent or one thousand two hundred dollars, whichever is greater.
(4) If a tenant has filed a motion to stay a writ of restitution from execution, the court may only award attorneys' fees to the landlord if the tenant is permitted to be reinstated pursuant to RCW 59.18.410(3). Any attorneys' fees awarded shall be subject to repayment pursuant to RCW 59.18.410(3).

[ 2020 c 315 § 7; 2019 c 356 § 10; 2010 c 8 § 19028; 1973 1st ex.s. c 207 § 29.]
NOTES:

Effective date—2020 c 315 §§ 5-8: See note following RCW 59.18.410.


Findings—Intent—2020 c 315: See note following RCW 59.18.057.


Intent—2019 c 356: See note following RCW 59.12.030.

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Structure Revised Code of Washington

Revised Code of Washington

Title 59 - Landlord and Tenant

Chapter 59.18 - Residential Landlord-Tenant Act.

59.18.010 - Short title.

59.18.020 - Rights and remedies—Obligation of good faith imposed.

59.18.030 - Definitions.

59.18.040 - Living arrangements exempted from chapter.

59.18.050 - Jurisdiction of district and superior courts.

59.18.055 - Notice—Alternative procedure—Court's jurisdiction limited—Application to chapter 59.20 RCW.

59.18.057 - Notice—Form.

59.18.058 - Notice—Translated versions—Legal or advocacy resource information.

59.18.060 - Landlord—Duties.

59.18.063 - Landlord—Written receipts for payments made by tenant.

59.18.065 - Landlord—Copy of written rental agreement to tenant.

59.18.070 - Landlord—Failure to perform duties—Notice from tenant—Contents—Time limits for landlord's remedial action.

59.18.075 - Seizure of illegal drugs—Notification of landlord.

59.18.080 - Payment of rent condition to exercising remedies—Exceptions.

59.18.085 - Rental of condemned or unlawful dwelling—Tenant's remedies—Relocation assistance—Penalties.

59.18.090 - Landlord's failure to remedy defective condition—Tenant's choice of actions.

59.18.100 - Landlord's failure to carry out duties—Repairs effected by tenant—Procedure—Deduction of cost from rent—Limitations.

59.18.110 - Failure of landlord to carry out duties—Determination by court or arbitrator—Judgment against landlord for diminished rental value and repair costs—Enforcement of judgment—Reduction in rent under certain conditions.

59.18.115 - Substandard and dangerous conditions—Notice to landlord—Government certification—Escrow account.

59.18.120 - Defective condition—Unfeasible to remedy defect—Termination of tenancy.

59.18.125 - Inspections by local municipalities—Frequency—Number of rental properties inspected—Notice—Appeals—Penalties.

59.18.130 - Duties of tenant.

59.18.140 - Reasonable obligations or restrictions—Tenant's duty to conform—Landlord's duty to provide written notice in increase of rent.

59.18.150 - Landlord's right of entry—Purposes—Searches by fire officials—Searches by code enforcement officials for inspection purposes—Conditions.

59.18.160 - Landlord's remedies if tenant fails to remedy defective condition.

59.18.170 - Landlord to give notice if tenant fails to carry out duties—Late fees.

59.18.180 - Tenant's failure to comply with statutory duties—Landlord to give tenant written notice of noncompliance—Landlord's remedies.

59.18.190 - Notice to tenant to remedy nonconformance.

59.18.200 - Tenancy from month to month or for rental period—End of tenancy—Armed forces exception—Exclusion of children—Conversion to condominium—Demolition, substantial rehabilitation of the premises—Notice.

59.18.210 - Tenancies from year to year except under written contract.

59.18.220 - End of tenancy for a specified time—Armed forces exception.

59.18.230 - Waiver of chapter provisions prohibited—Provisions prohibited from rental agreement—Distress for rent abolished—Detention of personal property for rent—Remedies.

59.18.240 - Reprisals or retaliatory actions by landlord—Prohibited.

59.18.250 - Reprisals or retaliatory actions by landlord—Presumptions—Rebuttal—Costs.

59.18.253 - Deposit to secure occupancy by tenant—Landlord's duties—Violation.

59.18.255 - Source of income—Landlords prohibited from certain acts—Violation—Penalties.

59.18.257 - Screening of prospective tenants—Notice to prospective tenant—Costs—Adverse action notice—Violation.

59.18.260 - Moneys paid as deposit or security for performance by tenant—Written rental agreement to specify terms and conditions for retention by landlord—Written checklist required.

59.18.270 - Moneys paid as deposit or security for performance by tenant—Deposit by landlord in trust account—Receipt—Remedies under foreclosure—Claims.

59.18.280 - Moneys paid as deposit or security for performance by tenant—Statement and notice of basis for retention—Remedies for landlord's failure to make refund.

59.18.283 - Moneys paid by tenant—Landlord must apply toward rent—Tenant's right to possession—Installment payment plans.

59.18.285 - Nonrefundable fees not to be designated as deposit—Written rental agreement required—Remedies.

59.18.290 - Removal or exclusion of tenant from premises—Holding over or excluding landlord from premises after termination date—Attorneys' fees.

59.18.300 - Termination of tenant's utility services—Tenant causing loss of landlord provided utility services.

59.18.310 - Default in rent—Abandonment—Liability of tenant—Landlord's remedies—Sale of tenant's property by landlord, deceased tenant exception.

59.18.312 - Writ of restitution—Storage and sale of tenant's property—Use of proceeds from sale—Service by sheriff, form.

59.18.315 - Mediation of disputes by independent third party.

59.18.320 - Arbitration—Authorized—Exceptions—Notice—Procedure.

59.18.330 - Arbitration—Application—Hearings—Decisions.

59.18.340 - Arbitration—Fee.

59.18.350 - Arbitration—Completion of arbitration after giving notice.

59.18.352 - Threatening behavior by tenant—Termination of agreement—Written notice—Financial obligations.

59.18.354 - Threatening behavior by landlord—Termination of agreement—Financial obligations.

59.18.360 - Exemptions.

59.18.363 - Unlawful detainer action—Distressed home, previously.

59.18.365 - Unlawful detainer action—Summons—Form.

59.18.367 - Unlawful detainer action—Limited dissemination authorized, when.

59.18.370 - Forcible entry or detainer or unlawful detainer actions—Writ of restitution—Application—Order—Hearing.

59.18.380 - Forcible entry or detainer or unlawful detainer actions—Writ of restitution—Answer—Order—Stay—Bond.

59.18.390 - Forcible entry or detainer or unlawful detainer actions—Writ of restitution—Service—Tenant's bond—Notice.

59.18.400 - Forcible entry or detainer or unlawful detainer actions—Writ of restitution—Answer of defendant.

59.18.410 - Forcible entry or detainer or unlawful detainer actions—Notice of default—Writ of restitution—Judgment—Execution.

59.18.415 - Applicability to certain single-family dwelling leases.

59.18.420 - RCW 59.12.090, 59.12.100, 59.12.121, and 59.12.170 inapplicable.

59.18.430 - Applicability to prior, existing or future leases.

59.18.435 - Applicability to proprietary leases.

59.18.440 - Relocation assistance for low-income tenants—Certain cities, towns, counties, municipal corporations authorized to require.

59.18.450 - Relocation assistance for low-income tenants—Payments not considered income—Eligibility for other assistance not affected.

59.18.500 - Gang-related activity—Legislative findings, declarations, and intent.

59.18.510 - Gang-related activity—Notice and demand the landlord commence unlawful detainer action—Petition to court—Attorneys' fees.

59.18.550 - Drug and alcohol free housing—Program of recovery—Terms—Application of chapter.

59.18.570 - Victim protection—Definitions.

59.18.575 - Victim protection—Notice to landlord—Termination of rental agreement—Procedures.

59.18.580 - Victim protection—Limitation on tenant screening service provider disclosures and landlord's rental decisions.

59.18.585 - Victim protection—Possession of dwelling unit—Exclusion of others—New lock or key.

59.18.590 - Death of a tenant—Designated person.

59.18.595 - Death of a tenant—Landlord duties—Disposition of property procedures—Liability.

59.18.610 - Installments—Deposits, nonrefundable fees, and last month's rent—Statutory penalty.

59.18.620 - Definitions applicable to RCW 59.18.625 and 59.18.630.

59.18.625 - Late fees, charges for nonpayment of rent due between March 1, 2020, and six months after eviction moratorium expiration—Violations—Penalties.

59.18.630 - Eviction moratorium—Unpaid rent—Repayment plans—Rental assistance.

59.18.640 - Indigent tenants.

59.18.650 - Eviction of tenant, refusal to continue tenancy, end of periodic tenancy—Cause—Notice—Penalties.

59.18.660 - Eviction resolution pilot program.

59.18.670 - Security deposit—Landlord waiver, disclosure form—Fee in lieu—Claims for losses—Judicial action, collection activity—Violation.

59.18.900 - Severability—1973 1st ex.s. c 207.

59.18.911 - Effective date—1989 c 342.

59.18.912 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.