AGO Opinion Topics: CRIMINAL LIABILITY LANDLORD UNLAWFUL ENTRY PREMISES TENANT

(1) A landlord or other person acting under his authority who enters the premises of his tenant without the tenant's consent or without the authorization granted by RCW 59.18.150 may be subject to prosecution for criminal trespass under RCW 9.83.080. (2) The defense against criminal liability for trespass afforded by RCW 9.83.080(3)(d) is not available to a landlord or one acting under his authority who has unlawfully entered upon the premises of a tenant. (3) A landlord who unlawfully enters upon the premises of his tenant may be deemed to have entered with the intent to commit a crime therein, and thus be found guilty of burglary in a criminal prosecution therefor, unless such unlawful entry can be explained by testimony satisfactory to the jury to have been made without criminal intent.