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Information for Tenants Page 11 of 15 <br />HOW TO HANDLE REPAIRS <br />A tenant must be current in the payment of rent includ- <br />ing all utilities to which the tenant has agreed in the <br />rental agreement to pay before exercising any statutory <br />remedies, such as repair options. [RCW 59.18.080] <br />Required Notice [RCW 59.18.070] When something <br />in the rental unit needs to be repaired, the first step is <br />for the tenant to give written notice of the problem to <br />the landlord or person who collects the rent. <br />The notice must include the address and apartment <br />number of the rental; the name of the owner, if known; <br />and a description of the problem. After giving notice, <br />the tenant must wait the required time for the landlord <br />to begin making repairs. Those required waiting times <br />are: 24 hours for no hot or cold water, heat or electric- <br />ity, or for a condition which is imminently hazardous to <br />life; 72 hours for repair of refrigerator, range and oven, <br />or a major plumbing fixture supplied by landlord; 10 <br />days for all other repairs. <br />Tenant’s Options [RCW 59.18.090] If repairs are not <br />started within the required time and if the tenant is paid <br />up in rent and utilities, the following options can be used: <br />1) Tenant can give written notice to the landlord <br />and move out immediately. Tenants are entitled <br />to a pro-rated refund of their rent, as well as the <br />deposits they would normally get back. <br />2) Litigation or arbitration can be used to work out <br />the dispute. <br />3) The tenant can hire someone to make the repairs. In <br />many cases the tenant can have the work done and <br />then deduct the cost from the rent. [RCW 59.18.100] <br />(This procedure cannot be used to force a landlord <br />to provide adequate garbage cans.) <br />An Important Note: If the repair is one that has a <br />10-day waiting period, the tenant cannot contract <br />to have the work done until 10 days after the land- <br />lord receives notice, or five days after the landlord <br />receives the estimate, whichever is later. <br /> To follow this procedure a tenant must: Submit a <br />good faith estimate from a licensed or registered <br />tradesperson, if one is required, to the landlord. <br />After the waiting period, the tenant can contract <br />with the lowest bidder to have the work done. <br />After the work is completed, the tenant pays the <br />tradesperson and deducts the cost from the rent <br />payment. The landlord must be given the oppor- <br />tunity to inspect the work. The cost of each repair <br />cannot exceed one month’s rent; total cost cannot <br />exceed two month’s rent in any 12-month period. <br /> If a large repair which affects a number of tenants <br />needs to be made, the tenants can join together, <br />follow the proper procedure, and have the work <br />done. Then each can deduct a portion of the cost <br />from their rent. <br />4) The tenant can make the repairs and deduct the <br />cost from the rent, if the work does not require a <br />licensed or registered tradesperson. The same <br />procedure is followed as for (2) above. However, <br />the cost limit is one half of one month’s rent. <br />5) Rent in Escrow - After notice of defective condi- <br />tions, and after appropriate government certifica- <br />tion of defect, and waiting periods have passed, <br />then tenants may place their monthly rent pay- <br />ments in an escrow account. It is wise to consult <br />an attorney before taking this action. <br />ILLEGAL LANDLORD ACTIONS <br />Lockouts. [RCW 59.18.290] The law prohibits <br />landlords from changing locks, adding new locks, or <br />otherwise making it impossible for the tenant to use <br />the normal locks and keys. Even if a tenant is behind <br />in rent, such lockouts are illegal. <br />A tenant who is locked out can file a lawsuit to <br />regain entry. Some local governments also have laws <br />against lockouts and can help a tenant who has been <br />locked out of a rental. For more information contact <br />your city or county government. <br />Utility shutoffs. [RCW 59.18.300] The landlord may not <br />shut off utilities because the tenant is behind in rent, or to <br />force a tenant to move out. Utilities may only be shut off <br />by the landlord so that repairs may be made, and only <br />for a reasonable amount of time. If a landlord intention- <br />ally does not pay utility bills so the service will be turned <br />off, that could be considered an illegal shutoff. If the utili- <br />ties have been shut off by the landlord, the tenant should <br />first check with the utility company to see if it will restore <br />service. If it appears the shutoff is illegal, the tenant can <br />file a lawsuit. If the tenant wins in court, the judge can <br />award the tenant up to $100 per day for the time without <br />service, as well as attorney’s fees. <br />Taking the tenant’s property. [RCW 59.18.310] The <br />law allows a landlord to take a tenant’s property only <br />in the case of abandonment. A clause in a rental <br />agreement which allows the landlord to take a tenant’s <br />property in other situations is not valid. If the landlord <br />does take a tenant’s property illegally, the tenant may <br />want to contact the landlord first. If that is unsuccess- <br />ful, the police can be notified. If the property is not <br />returned after the landlord is given a written request, a <br />court could order the landlord to pay the tenant up to <br />$100 for each day the property is kept — to a total of <br />$1,000. [RCW 59.18.230(4)] <br />Renting condemned property. [RCW 59.18.085] <br />The landlord may not rent units which are condemned <br />or unlawful to occupy due to existing uncorrected <br />code violations. The landlord can be held liable for <br />three months rent or treble damages, whichever is <br />greater, as well as costs and attorneys fees for know- <br />ingly renting the property.