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Covenant of Quiet Enjoyment in Washington

Washington tenants have a right to peacefully enjoy their property without being harassed or threatened. When a landlord violates this right, they can be sued.


All tenants in Washington have the right to peacefully enjoy their property and use it without interference under something called the “covenant of quiet enjoyment.” This covenant is implied in all leases, even if it’s not mentioned specifically. It protects tenants from being harrassed, threatened, or otherwise disturbed by a landlord.

Though the covenant of quiet enjoyment acts to protect tenants, the lack of state law around it in Washington makes it tricky to define—and enforce.

Tenants have the right to use their rental undisturbed

The covenant of quiet enjoyment gives tenants the right to use their property and enjoy it without any disturbance from the landlord.1 Under the covenant, the landlord must refrain from any actions that interfere with a tenant’s peaceful use of their property.

A landlord must also refrain from threatening the tenant, repeatedly entering the unit without proper notice, or attempting to rent the property to another person.

In addition to respecting a tenant’s privacy, a landlord must:2

  • Provide reasonable access to the unit
  • Ensure water and heat is in good working order
  • Maintain the building’s structural components
  • Keep shared spaces clean
  • Maintain electric and gas utilities
  • Prevent rodent infestations

If that list looks familiar, it might be because it partially overlaps with Washington’s implied warranty of habitability—another legal guarantee that ensures a tenant’s rental unit is in livable condition throughout their lease.

What’s considered a violation in Washington isn’t set in stone

Since the covenant of quiet enjoyment is an implied right in every lease, there are no set rules for what violates it. Most courts apply a reasonable person standard, meaning if a reasonable person would be negatively affected by the landlord’s actions, there’s a good chance the covenant was violated.

Washington courts have found the following actions by landlords to violate a tenant’s right to quiet enjoyment of their property:

  • Providing unsafe drinking water4
  • Unlawfully locking tenants out of the unit5
  • Refusing to repair an unsafe outside wall6

However, courts have found that plaster falling from the ceiling during remodeling by the landlord was not enough to breach the covenant of quiet enjoyment.7

The actions of third party could potentially violate the covenant

If a neighbor interferes with a tenant’s peaceful use of their property, that could be considered a violation of the covenant of quiet enjoyment. Specifically, if the landlord also rents to the neighbor—and fails to stop the neighbor’s loud or harassing activities—the tenant can make a claim against the landlord.3

Tenants can move out or sue their landlord for a violation of the covenant

There are also no set rules in Washington for what a tenant can do in the case of a violation of the covenant of quiet enjoyment. State law does provide some options if a landlord breaches the covenant by not fixing something that’s broken. In that case, the tenant can:8

  1. Move out of the unit
  2. Sue the landlord or go to arbitration

If the tenant sues, the landlord may be ordered to repay the tenant all or part of the rent based on the unit’s decreased rental value because of the violation.9

If the landlord violated the covenant of quiet enjoyment specifically by locking a tenant out—or forcing them out through their actions—that’s considered an illegal eviction. In this case, a tenant has the chance to recover actual damages, costs of the lawsuit, and attorney’s fees.11


[1] Washington Chocolate Co. v. Kent

[2] RCW 59.18.060

[3] "Negotiation Process," Tenants Union of Washington State

[4] Tucker v. Hayford

[5] Olin v. Goehler

[6] Cherberg v. Peoples Nat. Bank of Washington

[7] Magerstaedt v. Eric Co.

[8] RCW 59.18.090

[9] RCW 59.18.110

[10] RCW 59.18.290

[11] RCW 59.18.290

The information provided on this website does not, and is not intended to, constitute legal advice.