Repair and Deduct Laws in Washington

Landlords in Washington State are required to maintain livable conditions in any apartment they rent. If they don’t, tenants are allowed to make necessary repairs and deduct the cost from their rent. State law lays out a specific—and relatively rapid—timeline for the repair and deduct process. Landlords usually have 10 days to make repairs after being notified of the issue, after which a tenant can spend up to two months’ rent to deal with the problem themselves.

Only certain issues qualify for repair and deduct

Tenants can’t subtract the cost of just any repair from their rent. The issue must be a breach of Washington’s implied warranty of habitability¹—which means whatever is broken somehow affects a tenant’s health or safety and makes the apartment unlivable. This could include broken windows, a lack of electricity, and even rat infestations.²

In addition, tenants in Washington are only allowed to repair and deduct if they’re paid up on both rent and utilities.

Tenants must inform their landlord of the necessary repairs in writing

Before taking any action, a tenant must first let their landlord know that a repair needs to be made. This notice should be done in writing and include the following information:³

• The tenant’s name, address, and apartment number
• The landlord or owner’s name
• Detailed information about the repair(s) needed

While not required, it’s recommended that the letter be hand-delivered to the landlord or sent by certified mail to prove that it was received. The tenant should also keep a copy of the letter for their records.

If the repair must be done by a licensed repair person—or if it will cost more than two months’ rent—tenants should also send a good faith written estimate of the repair cost to the landlord. Ideally, this would be included with their repair request, but it can be sent separately. Tenants must wait at least two days after sending the written estimate before they can sign a contract with a repair person (unless the law requires the repair to be made within 24-96 hours, in which case the waiting period doesn’t apply).

Washington law includes specific timelines for different types of repairs

After the notice has been delivered, landlords have a certain amount of time to respond, depending on the type of repair. Washington landlords must start making repairs after receiving the written notice no later than:⁴

• 24 hours if the issue is a lack of heat, electricity, hot or cold water, or something that’s “hazardous to life”
• 72 hours if the issue is a broken refrigerator, oven, stove, or major plumbing fixture supplied by the landlord
• 10 days for everything else

If the landlord can’t complete the needed repairs in the designated amount of time due to circumstances beyond their control—such as the lack of a qualified repair person or a backordered part—they must be fixed as soon as possible.

Tenants must allow their landlord to inspect the repair before deducting

If the landlord doesn’t make a repair within the timeline laid out by the law, the tenant can move forward with the repair and deduct process. The tenant must give the landlord written notice that the repairs are done. At that point, the landlord has the right to inspect the repairs. Once the landlord has done so—or been given a reasonable chance to do so—a tenant can deduct the actual cost of the repair from the next month’s rent.⁵

The costs of professional repairs are capped at two months’ rent

Tenants in Washington can deduct up to two months’ rent during any 12-month period. This means a tenant is still obligated to pay 10 months of rent out of a year-long lease, even if the cost of the repairs exceeds two months of rent.⁶

Tenants who make their own repairs are capped at one month’s rent

If the issue doesn’t require a licensed repair person, it’s legal for a tenant to make their own repairs. However, a tenant can only deduct a maximum of one month’s rent if they do so. In addition, they must prove the actual cost of the repair with receipts.⁷

Related articles

[1] RCW 59.18.070

[2] RCW 59.18.060

[3] RCW 59.18.070

[4] RCW 59.18.070

[5] RCW5 9.18.100(2)

[6] RCW 59.18.100(1)

[7] RCW 59.18.100)