Washington · Repairs and Unsafe Conditions
Landlord Won't Make Repairs in Washington: What Can I Do?
This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in Washington.
Washington law sets rules for keeping a rental home fit to live in. This guide covers your landlord's repair duties, the deadlines for fixing problems, and what you can do if your landlord ignores them. It also covers rent escrow, retaliation protection, and what happens if your home is condemned.
What your landlord has to fix
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Washington law says your landlord must keep your home fit to live in. This is called the warranty of habitability (a legal promise that the home meets basic safety and repair standards). Your landlord must keep the roof, walls, and floors in good repair. Your landlord must keep the plumbing, heating, and electrical systems working. Your landlord must give you working locks and keys. Your landlord must give you written notice that your home has a smoke detector, and you must keep it working.
Source:Tip.Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.
Tip.Take photos of each problem, with the date. Take more if it gets worse.
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Your landlord does not have to fix normal wear and tear (the natural wear from everyday living). Your landlord also does not have to fix damage caused by you, your family, or your guests.
Ask in writing
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If your landlord does not carry out a duty listed in RCW 59.18.060, send written notice. Give the notice to your landlord or to whoever collects your rent. Name the address of the home, the owner if you know it, and the problem.
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Some repair problems are emergencies with a 24-hour deadline. These are no hot or cold water, no heat, no electricity, or a condition that is an immediate danger to life. Your landlord must start fixing these within 24 hours after receiving your written notice. The deadline does not apply if things beyond your landlord's control cause the delay.
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2 other deadlines apply after your written notice. Your landlord has 72 hours to start fixing a refrigerator, range and oven, or major plumbing fixture that the landlord supplied. Your landlord has 10 days to start fixing everything else. Both clocks start when your landlord receives your notice. Your landlord must then see that the work is completed promptly. If circumstances beyond your landlord's control delay the work, your landlord must fix the problem as soon as possible.
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You must be current on rent, including any utilities (water, electric, gas) you agreed to pay, before using the steps in this guide. This does not limit your right to sue for damage the landlord caused. This does not stop you from arguing in an eviction case that you owe no rent.
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Get your home inspected
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If your landlord still has not fixed a serious safety problem, you can ask your city or county code office to inspect your home. First, give your landlord written notice describing the problem. Then, if your landlord still has not fixed it in a reasonable time, ask your local government for an inspection. The inspector must inspect and decide within 5 days of your request. The inspector will certify (put it in writing) whether the problem exists and is serious enough to affect your health or safety.
Sources:Think before you call an inspector.You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.
Tip.If you can pay for it, a private home inspector can check the problems. Their written report and photos help show the conditions.
If it is still not fixed
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You can pay for a repair yourself. This is called repair and deduct (paying for it yourself, then taking the cost out of your rent). First, give your landlord notice of the problem. Then send a good faith estimate (your best honest guess) of the repair cost, by first-class mail or in person. You can send it with your notice.
Sources:Your landlord can take you to court.If you hold back rent, pay less, or take repair costs out of your rent, your landlord can file an eviction case for unpaid rent. If the judge rules for your landlord, you can owe the rent and court costs and have to move out. Your proof matters. Even a case you win can show up when you apply for a new place. Get legal help first.
From Washington LawHelp. -
If your landlord has not started the fix by the deadline, you can hire a licensed or registered contractor to do it. If the law does not require a license for that job, you can hire anyone able to do it well. For a 10-day repair, you must wait 10 days after you give notice. You must also wait 2 days after your landlord gets your estimate. Use whichever wait ends later.
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After the repair is done and your landlord has a chance to inspect it, you can take the cost out of your rent. You cannot take out more than 2 months' rent per repair, or more than 2 months' rent total in any 12 months. Example: if your rent is $1,500, the most you can take out for one repair is $3,000.
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If the inspection confirms the problem, you can put your rent in escrow (a locked account held by a neutral party). This replaces paying your landlord directly. First, you must decide in good faith that you cannot fix the problem yourself. This means you cannot use repair and deduct (paying for it yourself and taking the cost out of your rent). Then, deposit your rent with a company that holds this account, a bank, an attorney, or the court clerk where the property is located.
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After you make a rent escrow (a locked account held by a neutral party) deposit, you must tell your landlord in writing within 24 hours. Send it by first-class mail or deliver it in person. The notice must be a sworn statement. Use the form in RCW 59.18.115(3). Attach a copy of the inspection certification.
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The Northwest Justice Project gives legal help with civil (non-criminal) problems to low-income people in Washington who qualify. Outside King County, call the CLEAR Hotline at 1-888-201-1014, weekdays 9:15 am to 12:15 pm. In King County, call 211 weekdays 9 am to 5 pm to be sent to a legal aid office.
Source:- Get Legal Help, Northwest Justice Project. A government guide.
Moving out
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Your home may be condemned or declared unlawful to live in. If you must move, your landlord must pay you relocation assistance (money to help you move). This applies only if your landlord knew or should have known about the problems. It does not apply if the cause was illegal conduct by a tenant or someone else that the landlord did not know about. It also does not apply after a natural disaster, or if the government took the property by eminent domain.
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Relocation assistance (money to help you move) after a condemnation is the greater of $2,000 per unit or 3 times your monthly rent. Example: if your rent is $900, 3 times that is $2,700, so you would get $2,700 because it is more than $2,000. Your landlord must also return your full deposit and all rent you paid in advance. Your landlord must pay within 7 days after the government sends the condemnation notice.
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If your landlord does not fix the problem within a reasonable time after the repair deadline passes, you can end your lease and move out. You must give your landlord written notice first. You will not owe rent after you leave, and you get back rent you prepaid for that time. This works only if you strictly followed the repair notice rules and are current on rent. If not, you can owe rent until the landlord rents the home again, up to the end of your lease.
Sources:Your landlord can sue you for the rent.If you move out early because of repairs, your landlord can sue you for the rent up to the end of your lease. If the judge rules for your landlord, you can owe that rent. Your proof matters. Get legal help first.
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