Residential property

AN ACT Relating to the defense of property rights; adding new 1
sections to chapter 59.18 RCW; and prescribing penalties.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
NEW SECTION. Sec. 1. A new section is added to chapter 59.18 4
RCW to read as follows: 5
Limited alternative remedy to remove unauthorized persons from 6
residential real property.7
(1) The legislature finds that the right to exclude others from 8
entering, and the right to direct others to immediately vacate, 9
residential real property are the most important real property 10
rights. Defending those rights is the single subject of this act. The 11
legislature further finds that existing remedies regarding 12
unauthorized persons who unlawfully remain on residential real 13
property fail to adequately protect the rights of the property owner 14
and fail to adequately discourage theft and vandalism. The intent of 15
this section is to restore possession of residential real property to 16
the lawful owner of the property quickly when the property is being 17
unlawfully occupied and to thereby preserve property rights while 18
limiting the opportunity for criminal activity. 19
(2) A property owner or his or her authorized agent may request 20
from the sheriff of the county in which the property is located the 21
H-0499.1
HOUSE BILL 1575
State of Washington 69th Legislature 2025 Regular Session
By Representatives Dufault and Walsh
Read first time 01/24/25. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 1575
immediate removal of a person or persons unlawfully occupying a 1
residential dwelling pursuant to this section if all of the following 2
conditions are met: 3
(a) The requesting person is the property owner or authorized 4
agent of the property owner. 5
(b) The real property that is being occupied includes a 6
residential dwelling. 7
(c) An unauthorized person or persons have unlawfully entered and 8
remain or continue to reside on the property owner's property.9
(d) The real property was not open to members of the public at 10
the time the unauthorized person or persons entered.11
(e) The property owner has directed the unauthorized person or 12
persons to leave the property. 13
(f) The unauthorized person or persons are not current or former 14
tenants pursuant to a written or oral rental agreement authorized by 15
the property owner. 16
(g) The unauthorized person or persons are not immediate family 17
members of the property owner. 18
(h) There is no pending litigation related to the real property 19
between the property owner and any known unauthorized person.20
(3) To request the immediate removal of an unlawful occupant of a 21
residential dwelling, the property owner or his or her authorized 22
agent must submit a complaint by presenting a completed and verified 23
complaint to remove persons unlawfully occupying residential real 24
property to the sheriff of the county in which the real property is 25
located. The submitted complaint must be in substantially the 26
following form: 27
COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING RESIDENTIAL 28
REAL PROPERTY 29
I, the owner or authorized agent of the owner of the real 30
property located at [INSERT ADDRESS], declare under penalty 31
of perjury that (initial each item): 32
1. .... I am the owner of the real property or the authorized 33
agent of the owner of the real property. 34
2. .... I purchased the property on [INSERT DATE].35
3. .... The real property is a residential dwelling.36
4. .... An unauthorized person or persons have unlawfully 37
entered and are remaining or residing unlawfully on the real 38
property. 39
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5. .... The real property was not open to members of the 1
public at the time the unauthorized person or persons 2
entered. 3
6. .... I have directed the unauthorized person or persons to 4
leave the real property, but they have not done so.5
7. .... The person or persons are not current or former 6
tenants pursuant to any valid lease authorized by the 7
property owner, and any lease that may be produced by an 8
occupant is fraudulent. 9
8. .... The unauthorized person or persons sought to be 10
removed are not an owner or a co-owner of the property and 11
have not been listed on the title to the property unless the 12
person or persons have engaged in title fraud.13
9. .... The unauthorized person or persons are not immediate 14
family members of the property owner. 15
10. .... There is no litigation related to the real property 16
pending between the property owner and any person sought to 17
be removed. 18
11. .... I understand that a person or persons removed from 19
the property pursuant to this procedure may bring a cause of 20
action against me for any false statements made in this 21
complaint, or for wrongfully using this procedure, and that 22
as a result of such action I may be held liable for actual 23
damages, penalties, costs, and reasonable attorneys' fees.24
12. .... I am requesting the sheriff to immediately remove 25
the unauthorized person or persons from the residential 26
property. 27
13. .... A copy of my valid government-issued identification 28
is attached, or I am an agent of the property owner, and 29
documents evidencing my authority to act on the property 30
owner's behalf are attached. 31
I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH 32
STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE 33
STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY 34
OF PERJURY. 35
[INSERT SIGNATURE OF OWNER OR OWNER'S AGENT] 36
(4) Upon receipt of the complaint, the sheriff shall verify that 37
the person submitting the complaint is the record owner of the real 38
property or the authorized agent of the owner and appears otherwise 39
entitled to relief under this section. If verified, the sheriff 40
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shall, without delay, serve a notice to immediately vacate on all the 1
unlawful occupants and shall put the owner in possession of the real 2
property. Service may be accomplished by hand delivery of the notice 3
to an occupant or by posting the notice on the front door or entrance 4
of the dwelling. The sheriff shall also attempt to verify the 5
identities of all persons occupying the dwelling and note the 6
identities on the return of service. If appropriate, the sheriff may 7
arrest any person found in the dwelling for trespass, outstanding 8
warrants, or any other legal cause. 9
(5) After the sheriff serves the notice to immediately vacate, 10
the property owner or authorized agent may request that the sheriff 11
stand by to keep the peace while the property owner or agent of the 12
owner changes the locks and removes the personal property of the 13
unlawful occupants from the premises to or near the property line. 14
When such a request is made, the sheriff may charge a reasonable 15
hourly rate, and the person requesting the sheriff to stand by and 16
keep the peace is responsible for paying the reasonable hourly rate 17
set by the sheriff. The sheriff is not liable to the unlawful 18
occupant or any other party for loss, destruction, or damage of 19
property. The property owner or his or her authorized agent is not 20
liable to an unlawful occupant or any other party for the loss, 21
destruction, or damage to the personal property unless the removal 22
was wrongful. 23
(6) A person may bring a civil cause of action for wrongful 24
removal under this section. A person harmed by a wrongful removal 25
under this section may be restored to possession of the real property 26
and may recover actual costs and damages incurred, statutory damages 27
equal to triple the fair market rent of the dwelling, court costs, 28
and reasonable attorneys' fees. The court shall advance the cause on 29
the calendar. 30
(7) This section does not limit the rights of a property owner or 31
limit the authority of a law enforcement officer to arrest an 32
unlawful occupant for trespassing, vandalism, theft, or other crimes.33
NEW SECTION. Sec. 2. A new section is added to chapter 59.18 34
RCW to read as follows: 35
Making false statements to obtain property or credit or to detain 36
real property.37
(1) Any person who shall make or cause to be made any false 38
statement, in writing, relating to his or her financial condition, 39
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assets, or liabilities, or relating to the financial condition, 1
assets, or liabilities of any firm or corporation in which such 2
person has a financial interest, or for whom he or she is acting, 3
with a fraudulent intent of obtaining credit, goods, money, or other 4
property, and shall by such false statement obtain credit, goods, 5
money, or other property, is guilty of a misdemeanor.6
(2) Any person who, with the intent to detain or remain upon real 7
property, knowingly and willfully presents to another person a false 8
document purporting to be a valid lease agreement, deed, or other 9
instrument conveying real property rights is guilty of a misdemeanor.10
NEW SECTION. Sec. 3. A new section is added to chapter 59.18 11
RCW to read as follows: 12
Fraudulent sale or lease of residential real property.13
A person who lists or advertises residential real property for 14
sale knowing that the purported seller has no legal title or 15
authority to sell the property, or rents or leases the property to 16
another person knowing that he or she has no lawful ownership in the 17
property or leasehold interest in the property, is guilty of a class 18
A felony. 19
NEW SECTION. Sec. 4. If any provision of this act or its 20
application to any person or circumstance is held invalid, the 21
remainder of the act or the application of the provision to other 22
persons or circumstances is not affected.23
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