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At common law a landlord was basically king. A landlord could renter property by force. This was changed by statute many
moons ago.
Washington Court opinions concerning evictions have made clear for more than a century that evictions performed in accordance
with Washington’s landlord-tenant statutes are the exclusive remedy for a landlord. Contract provisions that provide
otherwise are not enforceable.
If the respondent by the terms of the lease had a right to
terminate the lease for either of the causes
named, we cannot
agree that he may take the law in his own hands and by force or
strategy, as is alleged in this case,
evict the tenant. There is
no doubt that parties to a lease may provide for a forfeiture
upon non-compliance with certain
conditions. Under the common law
in such cases the lessor might regain possession by force. 2
Taylor, Landlord &
Tenant (8th ed.), §§ 531 and 532; 2 Wood,
Landlord & Tenant (2d ed.), § 537. But this rule, which makes the
landlord
a law unto himself, is not conducive to good business
principles or to good order, and for that {*526} reason is
not
looked upon with favor. The statutes of this state (§ 5527, Bal.
Code), provide a speedy, adequate, and orderly
method for a
landlord to obtain possession of his property upon failure of the
tenant to pay rent, or upon failure to
perform any other
condition or covenant contained in a lease. These statutes we
think should be held to provide an exclusive
remedy,
notwithstanding an agreement permitting possession to be taken by
force.
Spencer v. Commercial Co., 30 Wash. 520, 71 P. 53 (1902).
In 1934 the Washington Supreme Court again made it clear that self-help
evictions are forbidden, citing Spencer. Nelson v. Swanson, 177 Wash. 187, 31 P.2d 521 (1934).
The Court of Appeals has held that a lock-out breaches the covenant of quiet enjoyment and that once the landlord breaches
that covenant he "himself was in default and could not retrench and take advantage of his own reentry rights; he is precluded
from recovering the rents thereafter accruing….In addition, [the landlord] is liable for any damage caused by his self-help
eviction". Olin v. Goehler, 39 Wn. App. 688, 694 P.2d 1129 (1985).
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