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Can the tenant withhold rent if they believe repairs are not done fast enough?
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The
duties of a landlord are set out in RCW 59.18.060 and include maintaining
the unit in a habitable condition. The statute sets out time frames for
the landlord to begin making repairs, and the time limits are different
depending on the problem. A landlord's duty to repair, and the time limits
to begin making the repairs, is triggered by a written notice of the problem
to the landlord. The time limits are as follows: 24 hours: where the tenant is deprived of hot or cold water, heat, electricity or where the problem is imminently hazardous to life; 72 hours: where the tenant is deprived of the use of a refrigerator, range or oven or a major plumbing fixture supplied by the landlord; 10 days: all other cases. Most importantly, these time frames are the time limits by which the landlord must begin to fix the problem, not by which the repairs must be completed. If the repair is delayed due to circumstances beyond the landlord's control (delay in a contractor's schedule, ordering a part, etc.), the landlord must complete the repairs as soon as possible. If the tenant has given the written notice of the problem and the above time passes without the landlord beginning the process of fixing the problem, the tenant may do any of the following, after giving written notice of the election to the landlord: 1. terminate the rental agreement and move out with no further liability to the tenant for rent; 2. bring a court action against the landlord for the problem; 3. pursue other remedies available under this chapter 4. repair and deduct the costs from the rent (limitations on amount and sometimes estimates are required) In order for the tenants to take any action with respect to work orders, the statute says that the tenant must be current in their rent and other obligations, including utilities, to exercise these options. |
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