Tenant’s Right to Repair and Deduct

If a landlord fails to make statutorily required repairs a tenant may make the repairs and deduct the cost from the rent. The tenant must meet several requirements before this right accrues. RCW 59.18.060, RCW 59.18.100.

  1. Rent must be current. RCW 59.18.080.
  2. Provide notice. The tenant must provide written notice specifying the premises involved, the name of the owner, if known, the nature of the defective condition, and a good faith estimate of the cost of the repairs.
  3. Provide the landlord time to cure. The landlord must commence repairs no later than:
  1.  
    1. twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat, or electricity, or is imminently hazardous to life;
    2. seventy-two hours, where the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord; and
    3. ten days in all other cases.

The landlord must see that the work is completed promptly.

RCW 59.18.070

  1. Provide the landlord and opportunity to inspect. If the landlord fails to timely commence and promptly complete the repairs the tenant may do the repair and provide the landlord an opportunity to inspect.

The tenant may hire someone and deduct up to one month’s rent per repair and no more than two months’ rent in a twelve-month period. If the tenant performs the repair personally and in a workmanlike manner the tenant may deduct up to one-half a month’s rent and no more than one month’s rent in a twelve-month period.

If a landlord brings an eviction action it is important to bring any repair or complaint history to the attorney’s attention. If the tenant raises any issues about the condition of the premises in the eviction action, the attorney should inform the landlord promptly. Any issues raised by the tenant regarding habitability need to be addressed in a timely manner. Even allegations that ultimately do not stand up to scrutiny in court may have important repercussions that may hinder and delay the eviction.

Note that the tenant is not limited to repair and deduct as a remedy.  The tenant may also break the lease or bring an action in court or by agreed arbitration.  RCW 59.18.090.