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Civil Division »
Landlord/Tenant Problems »
Living in the Rental Unit
While You're Living in the Rental Unit
Landlord's Responsibilities
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Under the Landlord-Tenant Act, the landlord must:
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Maintain the dwelling so it does not violate state and local codes in ways
that endanger the tenant's health and safety.
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Maintain the structure, including roofs, floors and chimneys, in reasonably
good repair.
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Maintain the dwelling in reasonably weather-tight condition.
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Provide reasonably adequate locks and keys.
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Provide equipment necessary to supply heat, electricity and hot and cold
water.
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Provide garbage cans and arrange for removal of garbage, except in single
family dwellings.
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Keep common areas, such as lobbies, stairways and halls, reasonably clean
and free from hazards.
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Control pests before the tenant moves in. The landlord must continue to
control infestations except in single family dwellings, or when the infestation
was caused by the tenant.
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Make repairs to keep the unit in the same condition as when the tenant moved
in (except for normal wear and tear).
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Keep electrical, plumbing and heating systems in good repair, and maintain
any appliances that are provided with the rental.
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Provide the tenant with the name and address of the landlord or landlord's
agent.
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Set water heaters at 120° when a new tenant moves in.
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Provide smoke detectors, and ensure they work properly when a new tenant
moves in. (Tenants are responsible for maintaining detectors)
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Investigate whether a tenant is engaging in gang-related activity when another
tenant notifies the landlord of gang-related activity by serving a written
notice and investigation demand to the landlord. (See
RCW
59.18.180 for details)
Important Note: A landlord is not responsible for the cost
of correcting problems caused by the tenant.
Tenant's Responsibilities
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Under the Landlord-Tenant Act, a tenant is required to:
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Pay rent and any utilities agreed upon.
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Comply with city, county and state regulations.
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Keep the rental unit clean and sanitary.
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Dispose of garbage properly.
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Pay for fumigation of infestations caused by the tenant.
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Properly operate plumbing, electrical and heating systems.
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Not intentionally or carelessly damage the dwelling.
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Not engage in or allow any gang-related activity.
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Not permit "waste" (substantial damage to the property) or "nuisance"
(substantial interference with other tenants' use of their property).
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When moving out, restore the dwelling to the same condition as when the
tenant moved in, except for normal wear and tear.
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Maintain smoke detection devices.
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Not engage in activity at the premise that is imminently hazardous to the
physical safety of other persons on the premise and that entails a physical
assault on a person or unlawful use of a firearm or other deadly weapon resulting
in arrest.
If the Landlord Wants to Make Changes
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Below are generalizations about the two most common types of rental agreements.
Be sure to consult your rental documents to find out how changes can be made
in the terms of your agreement.
Month-to-Month Agreements: If the landlord wants to change the provisions
of a month-to-month rental agreement, such as raising the rent or changing rules,
the tenant must be given at least 30 days notice in writing.
Notice of less than 20 days is not allowed. Changes can only become effective
at the start of a rental period (the day the rent is due).
If the landlord wishes to convert the unit to a condominium the tenant must
be given 90 days notice.
The Landlord-Tenant Act does not limit how much rent can be raised, or how
often. However, the landlord cannot raise the rent to retaliate against a tenant.
Leases: In most cases, changes cannot be made unless both landlord and
tenant agree to the proposed change.
If the Property is Sold
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The sale of the property does not automatically end a lease or month-to-month
rental agreement. When a rental unit is sold, tenants must be notified of the
new owner's name and address, either by certified mail, or by a revised posting
on the premises.
All deposits paid to the original owner must be transferred to the new owner,
who must put them in a trust or escrow account. The new owner must promptly
notify tenants where the deposits are being held.
Landlord's Access to the Rental
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The landlord must give the tenant at least a two day notice of his intent to
enter at reasonable times. However, the law says tenants must not unreasonably
refuse to allow the landlord to enter the rental where the landlord has given
at least one day's notice to enter at a specified time in order to show the
dwelling to prospective or actual purchasers or tenants.
Any provision in a rental agreement that allows the landlord to enter without
such notices is not valid under the law. The law says that tenants shall not
unreasonably refuse the landlord access to repair, improve, or service the dwelling.
In case of emergency, or if the property has been abandoned, the landlord can
enter without notice.
If the Rental Needs Repairs
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Required Notice - When something in the rental unit needs repair, the
first step is for the tenant to give written notice of the problem to the landlord
or person who collects the rent. The notice must include the address and apartment
number of the rental, the name of the owner, if known, and a description of
the problem.
It's a good idea to deliver the notice personally, or to use certified mail
and get a return receipt from the post office. After giving notice, the tenant must wait the required time for the landlord
to start making repairs. Those waiting times are as follows:
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24 hours for no hot or cold water, heat, or electricity, or for a condition imminently hazardous to life.
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72 hours for repair of refrigerator, range and oven, or a major plumbing
fixture supplied by the landlord.
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10 days for all other repairs.
Tenant's Options - What can the tenant do if repairs are not started within
the required time? If the tenant is paid up in rent and utilities, the following
options are available:
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Vacate Rental - After waiting the required time, the law
allows tenants to give written notice to the landlord and move out immediately.
Tenants are entitled to a prorated refund of their rent, as well as the deposits
they would normally get back.
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Litigation or Arbitration
- A tenant can hire an attorney and go to
court to force the landlord to make repairs (these kinds of suits cannot
be brought in Small Claims Court). Or, if the landlord agrees, the dispute
can be decided by an arbitration service. Arbitration is usually less costly
and quicker than going to court.
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Tenant Contracted Repairs
- The tenant can hire someone to make the repairs. In certain situations
the tenant can have the work done and then deduct the cost from the rent.
There are limits to the amount of money a tenant can expend to effect these
repairs - the most being two month's rent over a period of one year (RCW
59.18.100 (2)). Before having repairs done the tenant must submit a good
faith estimate to the landlord.
To speed up the repair process, the estimate can be given to the landlord
along with the original written notice of the problem.
When the required period has ended and the landlord has not begun repairs,
the tenant can contract with the lowest bidder.
An Important Note: If the repair is one that has a 10 day
waiting period, you cannot contract to have the work done until ten days after
the landlord receives notice, or five days after the landlord receives the
estimate, whichever is later.
After the work is completed, the tenant may pay for the repair and deduct
the cost from the rent payment. The landlord must be given the opportunity
to inspect the work.
There are limits on the cost of repairs that can be deducted.
If a tenant contacts the repair work out to a licensed or registered contractor,
or to a responsible person if no other license is required, then the total
cost of repairs that may be deducted is not more than one month's rent per
each repair, and no more than two months rent in any 12 month period.
If a large repair that affects a number of tenants needs to be made, the tenants
can join together, follow the proper procedure, and have the work done. Each
tenant can then deduct a portion of the cost from the rent.
Remember: a tenant must be current in rent and utilities
payments to use this procedure.
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Tenant Performed Repairs
- The tenant can make the repairs and deduct the cost from the rent, if
the work does not require a licensed or registered tradesperson. The tenant
must give the landlord proper notice of the problem as outlined later on this
page. Then, if the landlord does not begin repairs within the required time,
the tenant can make the repairs. The cost of materials and labor can be deducted
from the rent.
The cost of the repairs cannot be more than half a month's rent. Within any
12 month period, the tenant can only deduct a total of two month's rent. Work
must be properly done and meet local codes. The tenant could be held responsible
for inadequate repair work. The landlord must be given the chance to inspect
the repairs.
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Rent in Escrow - After notice of defective conditions, and after appropriate
government certification of defect, and waiting periods have passed, tenants
may place their monthly rent payments in an escrow account. This procedure
is very technical and cannot be described in full here. For copies of the
law, RCW
59.18, contact any Washington State Attorney General's Office Consumer
Resource Center.
Illegal Actions of a Landlord
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The law prohibits a landlord from taking certain actions against a tenant.
These illegal actions include:
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Lockouts - Landlords may not change locks, add new locks, or
otherwise make it impossible for the tenant to use the normal locks and keys.
Even if a tenant is behind in rent, such lockouts are illegal. A tenant who is locked out can file a lawsuit to regain entry. Some local governments
also have laws against lockouts and can help a tenant who has been locked out.
For more information, contact your city or county government.
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Utilities Shutoffs
- The landlord may not shut off utilities
because the tenant is behind in rent, or to
force a tenant to move out. Utilities may only
be shut off by the landlord so that repairs may
be made, and only for a reasonable amount of
time.
It is considered an illegal shutoff if a landlord intentionally does not pay
utility bills so the service will be turned off.
If the landlord has shut off utilities, the tenant should first check with
the utility company to see if it will restore service. If it appears the shutoff
is illegal, the tenant can file a lawsuit. If the tenants wins in court, the
judge can award the tenant up to $100 per day for the time without service,
and attorney's fees.
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Seizing Tenant's Property
- The law allows a landlord to take the tenant's
property only in the case of abandonment.
Any clause in a rental agreement that allows the landlord to take a tenant's
property under any other circumstances is not valid.
If the landlord does take a tenant's property illegally, the tenant may want
to contact the landlord first. If unsuccessful, the police can be notified.
If the property is not returned after the landlord is given a written request,
a court could order the landlord to pay the tenant up to $100 for each day the
property is kept (up to $1,000).
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Renting Condemned Property
- The landlord may not rent condemned units or
units that are uninhabitable because of
uncorrected code violations. The landlord can be
liable for three months rent or three times the
amount of any actual damages, whichever is
greater, and costs and attorney's fees for
knowingly renting the property.
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Retaliatory Actions
- A landlord may not retaliate against
a tenant who exercises his or her legal rights, such as complaining to
a government authority or deducting money from the rent payment for repairs.
Examples of retaliatory actions are raising the rent, reducing services
provided to the tenant, or eviction.
The law initially assumes that an action is retaliatory if it occurs within
90 days after the tenant's action, unless the tenant was in some way violating
the statute when notice of the change was received.
If the matter is taken to court and the judge finds favor for the tenant, the
landlord can be ordered to reverse the retaliatory action, as well as pay for
any harm done to the tenant and pay the tenant's attorney's fees.
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