A couple purchased a property to use as a residential rental. They obtained a license to rent the property as a single family dwelling, but later converted the basement into a second unit—but without required permitting. Only five days after the landlords rented out the basement, code enforcers ordered the tenants to vacate the basement, and limited use of the rental property to a single family dwelling.
The tenants demanded from the landlord statutory relocation assistance. The landlord ignored the request for relocation assistance, and instead tried to have the tenants’ car towed, and without notice to the tenants entered the rental unit and changed the locks.
The tenants sued the landlords and were granted a judgment for statutory relocation assistance and various deposits and other expenses. The trial court denied emotional distress damages. The tenants appealed the denial of emotional distress damages.
The Court of Appeals ruled that emotional distress damages are not available under the relocation assistance provisions of the Residential Landlord-Tenant Act. The relocation assistance provisions stipulate that a court may award to the tenant “actual damages” when relocation assistance is applicable, but the statute does not define the term “actual damages.”
Nevertheless, the stated purpose of the relocation assistance provision is to “establish a process by which displaced tenants would receive funds for relocation from landlords who fail to provide safe and sanitary housing after due notice of building code or health code violations.” The Court acknowledged that relocating can be notoriously frustrating, but concluded that moving expenses do not include emotional distress damages.
The Court upheld the $4,500 judgment entered against the landlord, but agreed with the trial court that emotional distress damages are not available under the relocation assistance statute.[1]
The case illustrates that a landlord certainly cannot just change locks on a tenant, and should not ignore demands for relocation assistance. Rather, any landlord should seek legal advice about their circumstances before acting, or before forgoing action.
By attorney Travis Scott Eller
[1] Segura v. Cabrer, 179 Wn. App. 630 (2014).
