Landlords and property owners are no strangers to common tenancy issues such as disputes over unpaid rent and following lease terms. An issue that is less common, but very serious, is what to do when a tenant has been arrested for a crime. It can be daunting to navigate the Washington’s Residential Landlord-Tenant Act to prepare an appropriate response to a tenant’s arrest as landlords must balance the tenant’s rights under the law with the safety of residents and the community at large. One useful tool that can help landlords in responding to a tenant’s arrest is the “Notice of Arrest” provisions provided in RCW 59.18.075.
What is a “Notice of Arrest”
RCW 59.18.075 requires that law enforcement make a reasonable attempt to notify landlords, in writing, when they arrest a tenant at a rental property for criminal assault, threatening another resident with a deadly weapon, and/or when they seize an illegal drug from the tenant. The “Notice of Arrest” can be an extremely valuable tool for landlords as an arrest for criminal assault or threatening behavior is a basis for the landlord to proceed directly to an unlawful detainer matter to evict the arrested tenant when accompanied by an appropriate termination notice under RCW 59.18.650. Receiving a “Notice of Arrest” also has the added benefit of providing the landlord with verification that an arrest was made by law enforcement, in case the tenant attempts to challenge the arrest at a later date in court. This in turn allows landlords to take swift action to address criminal behavior and make the community safer for other residents.
Why the “Notice of Arrest” is Sometimes Forgotten
While RCW 59.18.075 requires that law enforcement provide a “Notice of Arrest”, the reality is that this requirement is often lost during the complex investigations conducted by law enforcement. Law enforcement is tasked with responding to numerous emergency calls and cases every day. Given the high volume of cases that law enforcement deals with on a daily basis, it is easy to understanded why a law enforcement officer may accidentally forget to provide a “Notice of Arrest” to a landlord. Unfortunately, because of this, there are many times where a landlord may not receive an RCW 59.18.075 “Notice of Arrest” or may not even know that they are entitled to one.
One easy thing that landlords can do when they know that a tenant at their property has been arrested is simply ask law enforcement to provide a written “Notice of Arrest.” Some agencies, like the City of Pullman Police Department, have a template form that they can provide. Other agencies may need to prepare the “Notice of Arrest” from scratch. Either way, landlords should not hesitate to reach out to law enforcement and request a “Notice of Arrest” if they are not provided one.
The “Notice of Arrest” is Powerful Tool, but not a Perfect One
Although the “Notice of Arrest” is very helpful to have when addressing the criminal behavior of a tenant, it is by no means a way to guarantee an outcome in a court of law. Landlord-tenant laws in Washington are fluid and continue to change with each new legislative session. Even with a “Notice of Arrest” in hand, it can be easy to miss one of the many procedural requirements in Washington that can prohibit an eviction if not satisfied by the landlord. Montgomery Purdue has an experienced team of ligation and eviction attorneys that can help landlords and property owners navigate the complexities of the Washington Residential Landlord-Tenant Act, and utilize the tools it provides to landlords.
Please feel free to contact Jean Paul Barnard or any Montgomery Purdue attorneys specializing in landlord-tenant law if you are a Washington landlord looking for legal help.