What is a landlord’s lien?
A landlord’s lien is a legal right that a landlord in Washington has to keep the tenant’s property until the tenant pays their rent. This lien is established when a tenant fails to pay their rent and allows the landlord to keep the tenant’s property until the debt is paid. The landlord can then sell the tenant’s property to make up for the unpaid rent. Washington state law gives landlords the right to establish a lien for nonpayment of rent, late fees, towing fees, and utility bills (if the tenant is responsible for utility payments). This law also gives landlords the right to pursue tenants who have left their property without paying their rent, such as collecting past due rent or recovering the cost of repairs to the property resulting from the tenant’s negligence. The landlord’s lien must be exercised in a reasonable manner. For example, if the tenant’s property is being held as security for a debt, the landlord must hold onto the property for a reasonable amount of time before selling it to recover the unpaid rent. Also, the landlord cannot seize property that is necessary to the tenant’s daily living, such as clothing, furniture, appliances, or other items without a court order. Landlords should be familiar with Washington’s landlord-tenant laws in order to protect their legal rights. Tenants should also be aware of their rights under the law and consult a lawyer if they believe their rights have been violated.
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