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Given the below clause from the WA State RCW, would a landlord,

 
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Customer Question

Given the below clause from the WA State RCW, would a landlord, at the very least, have to provide a window of time on a single day for an inspection that requires, on average, 10 minutes to complete? Or could landlord reasonably request 3 whole days during which it may enter as needed?

Full text: http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.150
Clause...
(6) The landlord shall not abuse the right of access or use it to harass the tenant, and shall provide notice before entry as provided in this subsection. Except in the case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days' written notice of his or her intent to enter and shall enter only at reasonable times. The notice must state the exact time and date or dates of entry or specify a period of time during that date or dates in which the entry will occur, in which case the notice must specify the earliest and latest possible times of entry. The notice must also specify the telephone number to which the tenant may communicate any objection or request to reschedule the entry. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit at a specified time where the landlord has given at least one day's notice of intent to enter to exhibit the dwelling unit to prospective or actual purchasers or tenants. A landlord shall not unreasonably interfere with a tenant's enjoyment of the rented dwelling unit by excessively exhibiting the dwelling unit.

 

Optional Information:
Country relating to Question: United States
State (if USA): Washington

Submitted: 326 days and 13 hours ago.
Category: Legal
Value: $39
Status: CLOSED

Accepted Answer

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Expert:  Ely replied326 days and 13 hours ago.

Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

The code is unclear here. It states that the window of time must specify the earliest and latest entry, but that is it. Therefore, we look to legislative intent. In construing a statute, the court's objective is to determine the legislature's intent. "If the statute's meaning is plain on its face, then the court must give effect to that plain meaning as an expression of legislative intent." State, Dept. of Ecology v. Campbell & Gwinn, 43 P. 3d 4 - Wash: Supreme Court 2002.

Here, the legislative intent is to ensure that the landlord does not abuse the tenant by continually entering at odd hours and not giving tenant the ability to enjoy the property. Ergo, it is arguable that the window should be as short as reasonably needed for the kind of inspection. Since the inspection itself is 10 minutes long, the notice should be to the point and not "three days," since the point of the statute is to protect tenant's right to privacy.

Ergo, the established rule of thumb is to give an actual hour of when someone would be entering, or a window of three hours. Anything more can be deemed unreasonable, arguably.

I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Otherwise, reply to chat more until we are finished and you are ready to rate. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)

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