Coast Property Management 8/3/2020

Information for Tenants Page 11 of 15 not automatically end a tenancy, When a rental unit payment, The landlord must be given the oppor- is sold,tenants must be notified of the new owner's tunity to inspect the work. The cost of each repair name and address, either by certified mail, or by a cannot exceed one month's rent;total cost cannot revised posting on the premises, All deposits paid exceed two month's rent in any 12-month period. to the original owner must be transferred to the new If a large repair which affects a number of tenants owner,who must put them in a trust or escrow needs to be made,the tenants can join together, account. The new owner must promptly notify tenants follow the proper procedure, and have the work where the deposits are being held. done. Then each can deduct a portion of the cost from their rent. HOW TO HANDLE REPAIRS 4) The tenant can make the repairs and deduct the cost from the rent, if the work does not require a A tenant must be current in the payment of rent includ- licensed or registered tradesperson. The same ing all utilities to which the tenant has agreed in the procedure is followed as for(2) above. However, rental agreement to pay before exercising any statutory the cost limit is one half of one month's rent. remedies, such as repair options. [RCW 59.18.080] 5) Rent in Escrow-After notice of defective condi- Required Notice [RCW 59.18.070] When something tions, and after appropriate government certifica- in the rental unit needs to be repaired,the first step is tion of defect, and waiting periods have passed, for the tenant to give written notice of the problem to then tenants may place their monthly rent pay the landlord or person who collects the rent. ments in an escrow account. It is wise to consult an attorney before taking this action. The notice must include the address and apartment number of the rental;the name of the owner, if known; ILLEGAL LANDLORD ACTIONS and a description of the problem. After giving notice, Lockouts. [RCW 59.18.290] The law prohibits the tenant must wait the required time for the landlord landlords from changing locks, adding new locks, or to begin making repairs. Those required waiting times otherwise making it impossible for the tenant to use are: 24 hours for no hot or cold water, heat or electric- the normal locks and keys. Even if a tenant is behind ity, or for a condition which is imminently hazardous to in rent, such lockouts are illegal. life; 72 hours for repair of refrigerator, range and oven, or a major plumbing fixture supplied by landlord; 10 A tenant who is locked out can file a lawsuit to days for all other repairs. regain entry. Some local governments also have laws against lockouts and can help a tenant who has been Tenant's Options[RCW 59.18.090] If repairs are not locked out of a rental. For more information contact started within the required time and if the tenant is paid Your city or county government. up in rent and utilities,the following options can be used: 1) Tenant can give written notice to the landlord Utility shutoffs.[RCW 59.18.300] The landlord may not and move out immediately.Tenants are entitled shut off utilities because the tenant is behind in rent,or to to a pro-rated refund of their rent, as well as the force a tenant to move out. Utilities may only be shut off deposits they would normally get back. by the landlord so that repairs may be made,and only for a reasonable amount of time. If a landlord intention- 2) Litigation or arbitration can be used to work out ally does not pay utility bills so the service will be turned the dispute. off,that could be considered an illegal shutoff. If the utili- 3) The tenant can hire someone to make the repairs. In ties have been shut off by the landlord,the tenant should many cases the tenant can have the work done and first check with the utility company to see if it will restore then deduct the cost from the rent.[RCW 59.18.100] service. If it appears the shutoff is illegal,the tenant can (This procedure cannot be used to force a landlord file a lawsuit.If the tenant wins in court,the judge can to provide adequate garbage cans.) award the tenant up to$100 per day for the time without An Important Note: If the repair is one that has a service,as well as attorney's fees. 10-day waiting period,the tenant cannot contract to have the work done until 10 days after the land- Taking the tenant's property. [RCW 59.18.310] The lord receives notice, or five days after the landlord law allows a landlord to take a tenant's property only receives the estimate,whichever is later. in the case of abandonment. A clause in a rental To follow this procedure a tenant must: Submit a agreement which allows the landlord to take a tenant's good faith estimate from a licensed or registered property in other situations is not valid. If the landlord tradesperson, if one is required, to the landlord. does take a tenant's property illegally, the tenant may After the waiting period,the tenant can contract want to contact the landlord first. If that is unsuccess with the lowest bidder to have the work done. ful,the police can be notified, If the property is not After the work is completed,the tenant pays the returned after the landlord is given a written request, a tradesperson and deducts the cost from the rent court could order the landlord to pay the tenant up to $100 for each day the property is kept—to a total of