Wash. Rev. Code » Title 59 · Chapter 59.18

Wash. Rev. Code § 59.18.290

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(1) It is unlawful for the landlord to remove or exclude from the premises the tenant thereof except under a court order so authorizing. Any tenant so removed or excluded in violation of this section may recover possession of the property or terminate the rental agreement and, in either case, may recover the actual damages sustained. The prevailing party may recover the costs of suit or arbitration and reasonable attorneys' fees.
(2) It is unlawful for the tenant to hold over in the premises or exclude the landlord therefrom after the termination of the rental agreement except under a valid court order so authorizing. Any landlord so deprived of possession of premises in violation of this section may recover possession of the property and damages sustained by him or her, and the prevailing party may recover his or her costs of suit or arbitration and reasonable attorneys' fees subject to subsections (3) and (4) of this section.
(3) Where the court has entered a judgment in favor of the landlord restoring possession of the property to the landlord, the court may award reasonable attorneys' fees to the landlord; however, the court shall not award attorneys' fees in the following instances:
(a) If the judgment for possession is entered after the tenant failed to respond to a pleading or other notice requiring a response authorized under this chapter; or
(b) If the total amount of rent awarded in the judgment for rent is equal to or less than two months of the tenant's monthly contract rent or one thousand two hundred dollars, whichever is greater.
(4) If a tenant has filed a motion to stay a writ of restitution from execution, the court may only award attorneys' fees to the landlord if the tenant is permitted to be reinstated pursuant to RCW 59.18.410(3). Any attorneys' fees awarded shall be subject to repayment pursuant to RCW 59.18.410(3).
[ 2020 c 315 s 7; 2019 c 356 s 10; 2010 c 8 s 19028; 1973 1st ex.s. c 207 s 29.]

Notes:

Effective date—2020 c 315 ss 5-8: See note following RCW 59.18.410.
Findings—Intent—2020 c 315: See note following RCW 59.18.057.
Intent—2019 c 356: See note following RCW 59.12.030.
Notes of Decisions
Cited in 102 cases (49 in the last 5 years), 1978–2026 · leading case: Faciszewski v. Brown
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Faciszewski v. Brown (2016) wash · cites it 5× “The JCEO provides: Pursuant to provisions of the state [RLTA] (RCW 59.18.290), owners[ 5 ] may not evict residential tenants without a court order, which can be issued by a court only after the tenant has an opportunity in a show cause hearing to contest the eviction (RCW 59.”
Amie Garrand, V Robin P. Cornett (2024) washctapp · cites it 11× “1 and RCW 59.18.290. Garrand requests attorney fees under RAP 18.”
Housing Authority v. Kirby (2010) washctapp · cites it 16× “RCW 59.18.290 ¶23 Kirby argues that the court erred in denying his request for attorney fees under RCW 59.”
Council House, Inc. v. Hawk (2006) washctapp · cites it 6× “¶ 4 Hawk appeals the denial of fees and costs, contending that RCW 59.18.290 mandates costs and fees to the prevailing party in an unlawful detainer action, except for any fees related to a claim of retaliatory eviction, which is governed by RCW 59.”
Council House, Inc. v. Hawk (2006) washctapp · cites it 6× “¶4 Hawk appeals the denial of fees and costs, contending that RCW 59.18.290 mandates costs and fees to the prevailing party in an unlawful detainer action, except for any fees related to a claim of retaliatory eviction, which is governed by RCW 59.”
Gray v. Pierce County Housing Authority (2004) washctapp · cites it 4× “Attorney Fees Lastly, PCHA contends that the trial court misconstrued RCW 59.18.290(1) and erroneously granted the plaintiffs $38,340 in attorney fees under that statute.”
HOUSING AUTHORITY OF CITY OF EVERETT v. Terry (1990) wash · cites it 3× “Terry cites RCW 59.18.290(2) and RCW 49.60.030(2) as authority for his assertion.”
Gray v. Pierce County Housing Authority (2004) washctapp · cites it 4× “Attorney Fees Lastly, PCHA contends that the trial court misconstrued RCW 59.18.290(1) and erroneously granted the plaintiffs $38,340 in attorney fees under that statute.”
HOUSING AUTHORITY CITY OF PASCO AND FRANKLIN CTY. v. Pleasant (2005) washctapp · cites it 2× “RCW 59.18.290(1) [4] provides for attorney fees when the landlord removes or excludes a tenant without a court order.”
Housing Authority v. Pleasant (2005) washctapp · cites it 2× “RCW 59.18.290(1) 4 provides for attorney fees when the landlord removes or excludes a tenant without a court order.”
Sarvis v. Land Resources, Inc. (1991) washctapp · cites it 8× “rial court erred in denying his motion since the default judgment was void for lack of jurisdic *890 tion; (2) his due process rights were violated since the relief granted in the default judgment was different in kind from that which was prayed for; (3) the court had a duty to…”
Randy Reynolds & Assocs., Inc. v. Harmon (2018) wash “RCW 59.18.290. To evict a holdover tenant, the landlord must serve the eviction notice on the tenant.”
Show all 102 citing cases →
— Wash. Rev. Code § 59.18.290(1) — 26 cases
Gray v. Pierce County Housing Authority (2004) washctapp “Attorney Fees Lastly, PCHA contends that the trial court misconstrued RCW 59.18.290(1) and erroneously granted the plaintiffs $38,340 in attorney fees under that statute.”
Housing Authority v. Kirby (2010) washctapp “RCW 59.18.290 ¶23 Kirby argues that the court erred in denying his request for attorney fees under RCW 59.”
Gray v. Pierce County Housing Authority (2004) washctapp “Attorney Fees Lastly, PCHA contends that the trial court misconstrued RCW 59.18.290(1) and erroneously granted the plaintiffs $38,340 in attorney fees under that statute.”
HOUSING AUTHORITY CITY OF PASCO AND FRANKLIN CTY. v. Pleasant (2005) washctapp “RCW 59.18.290(1) [4] provides for attorney fees when the landlord removes or excludes a tenant without a court order.”
Housing Authority v. Pleasant (2005) washctapp “RCW 59.18.290(1) 4 provides for attorney fees when the landlord removes or excludes a tenant without a court order.”
— Wash. Rev. Code § 59.18.290(2) — 44 cases
Faciszewski v. Brown (2016) wash “The JCEO provides: Pursuant to provisions of the state [RLTA] (RCW 59.18.290), owners[ 5 ] may not evict residential tenants without a court order, which can be issued by a court only after the tenant has an opportunity in a show cause hearing to contest the eviction (RCW 59.”
Amie Garrand, V Robin P. Cornett (2024) washctapp “1 and RCW 59.18.290. Garrand requests attorney fees under RAP 18.”
HOUSING AUTHORITY OF CITY OF EVERETT v. Terry (1990) wash “Terry cites RCW 59.18.290(2) and RCW 49.60.030(2) as authority for his assertion.”
Housing Authority v. Kirby (2010) washctapp “RCW 59.18.290 ¶23 Kirby argues that the court erred in denying his request for attorney fees under RCW 59.”
Leda v. Whisnand (2009) washctapp
— Wash. Rev. Code § 59.18.290(3) — 13 cases
Amie Garrand, V Robin P. Cornett (2024) washctapp “1 and RCW 59.18.290. Garrand requests attorney fees under RAP 18.”
Grant Dzaman, V. Diane Gowman (2021) washctapp
Werner Klee, V Eric Snow (2023) washctapp
Jsp Haven, Llc, V Douglas Conner (2025) washctapp
Richland Sky Apartments, LLC d/b/a Island View Apartments v. Monique Pearson (2026) washctapp
— Wash. Rev. Code § 59.18.290(3)(a) — 1 case
Jsp Haven, Llc, V Douglas Conner (2025) washctapp
— Wash. Rev. Code § 59.18.290(3)(b) — 1 case
Amie Garrand, V Robin P. Cornett (2024) washctapp “1 and RCW 59.18.290. Garrand requests attorney fees under RAP 18.”
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