Legal Question in Landlord & Tenant Law in Washington

Tenet property

My belongings were taken from the place I was renting at without my permission. My belongings are being held as blackmale for damage that ocured during the period I was renting. Is this illegal?


Asked on 9/03/03, 12:33 am

1 Answer from Attorneys

Jeffrey A. Lustick, Esq The Lustick Law Firm

Re: Tenat property

What the landlord is doing is illegal under Washington�s Residential Landlord Tenant Act.

The landlord's exclusive remedy for damage to his or her rental unit is taking your damage deposit or suing you in court if the damage you have caused exceeds the deposit amount.

Under state law, landlords are prohibited from placing a lien against or taking possession of your personal property, and under R.C.W. 59.18.230(4), you have a legal cause of action. The relevant part of this section states:

� "Any landlord who takes or detains the personal property of a tenant without the specific written consent of the tenant to such incident of taking or detention, and who, after written demand by the tenant for the return of his personal property, refuses to return the same promptly shall be liable to the tenant for the value of the property retained, actual damages, and if the refusal is intentional, may also be liable for damages of up to one hundred dollars per day but not to exceed one thousand dollars, for each day or part of a day that the tenant is deprived of his property. The prevailing party may recover his costs of suit and a reasonable attorney's fee."

I recommend that you immediately send written notice to your landlord demanding the return of your personal property. Send the letter via certified mail with a return receipt so you have proof that it has been sent and received. Also, keep a copy of the letter. Then if the landlord doesn�t comply, you should sue.

You might also consider reporting this situation to the police as a theft. But be aware that the police may turn a deaf ear and say that this is merely a private dispute. Not so, but that�s how most police departments look at such things.

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Answered on 9/03/03, 11:06 am


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