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Privacy Rights

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State law details tenants’ rights to privacy and notice requirements for landlords to enter rental units. Except in the case of emergency or if it is impracticable to do so, landlords must give 48 hours’ written notice to enter your unit, or 24 hours’ notice if they are showing the unit to a new prospective tenant or purchaser. The written notice must specify exact dates and time for entry, or specify a time period, listing the earliest and latest possible times for entry on designated dates. The notice must contain a telephone number for the tenant to reach the landlord in order to object or reschedule the entry.

The landlord can only enter at reasonable times and they cannot abuse their right of access or use it to harass you. The law does not specifically define reasonable times. If the landlord's proposed notice times don't work for you, you may decide to offer alternate times that the property is available for inspection. If your unit is up for sale, there may be a lockbox placed on the unit to allow access, but all privacy laws apply to potential purchasers and real estate agents entering the unit.

This law has an enforcement provision written into it. If your landlord violates your privacy rights by entering the unit without giving the proper notice, you can send a letter to the landlord detailing the date and time of the alleged violation. Take a look at an Invasion of Privacy Sample Letter. It is always a good idea to send letters certified mail and regular postal mail so you can prove that they were sent. Once the landlord receives this letter, you have the right to take the landlord to Small Claims Court to sue for up to $100 per subsequent violation of your notice rights, not including the initial violation (but be aware that taking the landlord to Small Claims Court during your tenancy may create further difficulties for you).

Tenants also must make the unit available for entry when necessary for inspection or repairs, and the law allows landlords to pursue $100 per violation in court after sending a letter detailing the alleged date and time of the tenant's refusal to let the landlord enter after proper notice has been provided. If the landlord violates your privacy multiple times after the letter has been sent, you can keep a written log of the incidents, including specific times and dates of privacy violations.

Landlord-tenant laws in Washington State do not address or place any restrictions on your landlord’s use of your personal information, but there may be other laws that address this. Speak to an attorney to find out more. You can also pursue legal assistance to find other laws that govern your privacy rights.

 

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FAQs: Privacy Rights Back to top 


Q: How much notice am I entitled to before my landlord enters my unit?

To FAQs 

Except in the case of emergency or if it is impracticable to do so, landlords must give 48 hours' written notice to enter your unit, or 24 hours' notice if they are showing the unit to a new prospective tenant or purchaser.

Q: Do I have to let my landlord enter the unit?

To FAQs 

Yes. RCW 59.18.150 also requires that tenants must make the unit available for entry when necessary for inspection or repairs. Tenants must make the unit available to the landlord within reasonable times as well. If the landlord’s entry time doesn’t work for you, it’s a good idea to document that in writing to the landlord and suggest alternate times that you can make the unit available.

Q: Does the landlord's notice to enter have to be in writing?

To FAQs 

Yes, the notice must be in writing and provide the specific dates and time ranges the landlord expects to be in the unit.

Q: What are “reasonable times” for the landlord to enter?

To FAQs 

The law doesn’t specifically define reasonable times for the landlord to enter, but business hours (8 am – 6 pm) might be a good guideline to use. You can negotiate with your landlord to specifically define those hours together.

Q: Can I insist on being present in the unit when the landlord comes in?

To FAQs 

The Landlord-Tenant Act does not allow for tenants to require that they be present during landlord entry, but tenants certainly have the right to ask to be present for any and all inspections by the landlord. If you are not certain what the inspection will entail, and you have concerns about it, look at your rental agreement to see if it offers any details on the frequency and purpose of landlord inspections. Tenants can also ask the landlord questions and ask for more details before an inspection.

Q: Do I have to let the landlord enter specifically on the day and time 
      that they give notice to come?

To FAQs 

You may be able to negotiate with your landlord to come up with a day and time that works better for you. Tenants are required to allow the landlord entry to the unit within reasonable times. If the day and time that the landlord gave notice for doesn't work for you, you may make the unit available for entry on alternate dates.

Q: For what reasons can the landlord legally enter my unit? Does 
      the landlord have to explain their reasons for entry to me?

To FAQs 

Commonly, landlords enter units to make agreed upon repairs, perform maintenance and do inspections. Landlords may also enter your unit in case of an emergency or to address an urgent problem. The law does not limit the reasons landlords can enter units, but it does say that landlords cannot abuse their right of access or use it to harass the tenant. Neither does the law require that landlords officially disclose their reasons for entry, but tenants may still ask for detailed explanations.

Q: How often can the landlord enter or inspect my unit?

To FAQs 

The law does not specifically say how often a landlord can enter a unit, but it does say that landlords cannot abuse their right of access or use it to harass the tenant.

Q: Do the privacy laws include the landlord coming onto the rental 
      property and not just inside the unit?

To FAQs 

The Landlord-Tenant Act refers specifically to the dwelling unit, though other laws may pertain to this situation. It may be a good idea to document in writing all the different instances the landlord comes into the property or on the premises. Keep in mind that RCW 59.18.150 prohibits the landlord from using their right of access to harass you. Contact an attorney for legal assistance and guidance.

Q: Can I refuse my landlord right of entry to my unit?

To FAQs 

Tenants may refuse a landlord entry if they have not given proper legal notice to enter. RCW 59.18.150 also requires that tenants must make the unit available for entry when necessary for inspection or repairs. If your landlord violates your rights to privacy by entering the unit without giving the proper notice, you can send a letter to the landlord detailing the date and time of the alleged violation. Take a look at an Invasion of Privacy Sample Letter.

It is always a good idea to send letters certified mail and first class mail, so you can prove that they were sent. Be sure and keep a copy of the letter for your records. Once the landlord receives this letter, you have the right to take the landlord to small claims court to sue for up to $100 per subsequent violation of your notice rights. Likewise, the landlord can pursue the same remedy against the tenant if the tenant is unreasonably denying them access to the unit.

Q: Can the landlord give me notice that they’re going to enter 
      anytime during the day, or anytime during the week?

To FAQs 

RCW 59.18.150 states that the landlord’s written notice for entry must specify exact dates and times for entry or list a specific time period, including earliest and latest possible times for entry on the specified date. The landlord’s notice must also include a telephone number for the tenant to reach the landlord in order to reschedule the entry. Tenants can also respond back in writing to a notice of entry that is extremely broad, cite the legal requirements, and ask to set up a more specific time for landlord entry. 

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