What can I do if my landlord won't fix uninhabitable conditions in Washington?
1. Implied Warranty of Habitability — Codified in Washington's Residential Landlord-Tenant Act (RLTA), RCW 59.18.060, which lists 13 specific landlord duties; non-waivable.
2. What Counts as Uninhabitable — RCW 59.18.060: comply with codes; maintain structural components; keep common areas safe and sanitary; provide pest control at start of tenancy; maintain electrical/plumbing/heating; provide hot/cold water; provide adequate locks; provide smoke and CO detectors.
3. Tenant Notice to Landlord — RCW 59.18.070 requires written notice. Tiered cure times: 24 hours (no hot/cold water, no heat, no electricity, imminently hazardous); 72 hours (refrigerator, range, oven, major plumbing); 10 days (other repairs).
4. Repair-and-Deduct — RCW 59.18.100(2) allows tenant to repair-and-deduct, up to one month's rent per repair (limit twice in 12 months), or up to two months' rent for licensed-contractor repairs (limit once per 12 months).
5. Rent Withholding / Escrow — RCW 59.18.115 permits tenant to deposit rent into court escrow after notice and landlord noncompliance.
6. Constructive Eviction — RCW 59.18.090 allows tenant to terminate the lease and recover prorated rent and damages, or sue for diminution-in-value damages.
7. Affirmative Defense to Eviction — Habitability breach is a defense in unlawful detainer; tenant must use the escrow procedure or repair-and-deduct properly.
8. Damages & Penalties — Rent abatement, actual damages including relocation costs (RCW 59.18.085 for condemned units pays 3x monthly rent), and attorney fees to prevailing party in many actions.
9. Retaliation Protection — RCW 59.18.240/.250 prohibit retaliation and create a 90-day rebuttable presumption that adverse action following tenant complaint is retaliatory.
This is legal information, not legal advice.
- Unit condemned and relocation assistance disputed
- Unlawful detainer filed after repair-and-deduct
- Mold causing documented health injuries
- RCW 59.18.060
- RCW 59.18.100
- RCW 59.18.115
- RCW 59.18.240
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.