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If the Rental Needs Repairs Does Landlord Tenant Code Apply

Required Notice. When something in the rental unit needs to be repaired, 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 begin making repairs. Those required waiting times are:

• 24 hours for no hot or cold water, heat, or electricity, or for a condition which is imminently hazardous to life.

• 72 hours for repair of refrigerator, range and oven, or a major plumbing fixture supplied by landlord.

• 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 can be used:

1. The tenant can move out. 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.

2. Litigation or arbitration can be used to work out the dispute. 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.

3. The tenant can hire someone to make the repairs. In many cases the tenant can have the work done and then deduct the cost from the rent. (This procedure cannot be used to force a landlord to provide adequate garbage cans.)

Before having any repairs made by a licensed or registered tradesperson if one is required, or any person capable of doing the work, 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 waiting period has ended and the landlord has not begun repairs, the tenant can contract with the lowest bidder to have the work done. 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 pays the repair person and deducts 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 which can be deducted. If a tenant contracts the repair work out to a licensed or registered person, or to a responsible person if no other license is required, then the total cost of repairs that may be deducted in this category is no 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 which affects a number of tenants needs to be made, the tenants can join together, follow the proper procedure, and have the work done. Then each can deduct a portion of the cost from their rent.

Remember: a tenant must be current in rent and utilities payments to use this procedure.

4. 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 on pages 10 and 11. 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.

To use this procedure, the cost of the repairs cannot be more than half a month's rent. And within any 12-month period, the tenant can only deduct a total of one month's rent.

The landlord must be given the chance to inspect the repairs. Work must be properly done and meet local codes. The tenant could be held responsible for inadequate repair work.

5. Rent in Escrow. After notice of defective conditions, and after appropriate government certification of defect, and waiting periods have passed, then 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) write to the Code Revisor's Office, or consult your attorney.

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