Tenant/Landlord Relations

Know Your Landlord

There is no *typical* landlord. Your landlord may own only the building you live in, or your landlord may be a large corporation that owns many buildings. In this case, there may be a building manager. Get to know him or her. The landlord and manager may have different interests, and if you have an uncooperative manager, you may have to deal directly with the landlord to get good results. If any problems arise, it is wise to send duplicate letters to the manager and the landlord as well. Be sure to keep a copy for your personal records.

Generally, most landlords feel that students are trustworthy and reasonable. What the landlords would like you to do is:

  • Understand all the terms of the rental contract or lease. Read it carefully, and ask questions if you are unsure about anything on the contract.
  • If you have a month-to-month rental agreement and plan to move out, give proper notice, which means 20 days written notice before the end of the rental period, unless you have signed a written lease for a longer period, in which case you must follow the provisions of the lease.
  • Pay rent on time. If you pay late, you may get a late-service fee charged for each day the rent is overdue, and if your check bounces, you may also get a returned check fee. If you do not pay your rent, you can be evicted, and you may forfeit any rights you had under the Landlord / Tenant Act.

Landlord Tenant Act

In Washington, the rights and responsibilities of landlords and most tenants in residential housing are governed by the Residential Landlord / Tenant Act of 1973, RCW 59.18. Before you rely on the following information; (1) be sure to consult the complete Act (copies are available in our office), (2) make sure you are covered by the Act, and (3) contact Student Housing Affairs or Student Legal Services for clarification and answers to your questions.

UW Student Legal Services
HUB G-16
(206)543-6486

The Landlord / Tenant Act generally applies to residences or sleeping places which are rented in homes, multiplexes, and apartments. It does not generally apply to the following types of residences; some of the exceptions to the Act are places where students live:

  • Public or private institutions where residence is incidental to: Educational Service (residence halls and family housing), Medical Service (hospitals and nursing homes), Recreational Services (camps and resorts), Correctional Facilities, Religious Facilities.
  • Hotels or motels.
  • Migrant workers' residences.
  • Landlords' employees whose right to occupy is dependent upon a job in or about the residence (live-in maids or babysitters, or an apartment manager).
  • Rental of residence in conjunction with land used primarily for agricultural purposes.

There are a few other instances where the Act does not apply. Feel free to contact Student Housing Affairs or Student Legal Services if you are not sure whether or not the Landlord / Tenant Act applies to your living situation.

Please visit the Washington State Attorney General's webpage - Landlord / Tenant Act

Follow this link for a printer-friendly text version of the Landlord / Tenant Act

Repairs

If your place needs repairs which are your landlord's obligation to make, the Landlord / Tenant Act provides several options.

Before you can exercise any of these options, you must deliver written notice to either the landlord or whoever collects the rent. Your notice of repair should include the date, the location of your dwelling, the name of the owner, if known, and the nature of the problem. Keep a copy of the notice. You must also be current in rent and utilities in order to avail yourself of most of these options.

SAMPLE NOTICE TO REPAIR

June 10, 20___

U.R. Landlord
1 St.
Seattle, WA

Dear Mr./Mrs. Landlord,

I am renting one of your units located at 105 North St., Apt 37 B, which has the following problems:
1. Oven won't turn off
2. Broken lock on front door
3. Mold growing over windowsill

If you do not repair these problems within the time frame indicated in RCW 59.18.-070, I will use the remedies provided elsewhere in the Act.

Sincerely,
I.M. Tenant

After receiving your written notice, the landlord has "reasonable time" to begin repairs. The seriousness of the problem determines the length of "reasonable time":

  • 24 hours- if you have a loss of heat, hot or cold water, electricity, or when the repairable problem is possibly dangerous to your health and safety.
  • 72 hours- when the tenant is deprived of use of refrigerator, range, oven, or major plumbing fixture.
  • 10 days in all other cases.

In each case, your landlord has a duty to see that these repairs are completed "promptly".

If your landlord isn't being responsive to your requests for repairs, then you should examine the options provided by the Landlord / Tenant Act.

  1. Rent Deductions: You can deduct repair costs from your rent. If you do the work yourself, you must comply with codes, statutes, ordinances, and regulations. Also, the maximum amount you can deduct is a half-month's rent per repair but no more than one month's rent total during a 12-month period.

    If the necessary repair work must be done by a licensed individual (e.g. rewiring) or if you want someone other than yourself to do the work, you must get a good faith cost estimate and submit it to your landlord personally, by certified mail, or along with your repair request. When the required waiting period has ended and the landlord has not started work, you can then contract for the repairs and deduct the cost from your rent. The maximum deduction allowed in this method is one month's rent per repair and no more than two month's total rent during any 12-month period. Also, certain lapses of landlord's responsibilities (i.e. trash cans), cannot be rectified using this method. And, if the repair is one that has a 10-day waiting period, you cannot contract to have the work done until the landlord has had 10 days notice or has had the estimate for five days, whichever is later.

    Organizing a number of tenants together to send notices to repair and bids to the landlord can be a useful method since the amount a single tenant can deduct from rent under the self-help repair remedy or bid repair remedy is minimal. If tenants organize and combine rent reductions, then more expensive repairs can be made. This method is successful when you have an expensive item to be fixed such as a furnace.


  2. Health Issues: If the premises "substantially endanger or impair the health and safety of the tenant", after so notifying your landlord in writing, you may then request local government agencies (listed on the back cover) to inspect the premises for the purposes of allowing you to carry out this remedy (you can also ask such inspectors to check for violation of city, county, or state building codes, health codes, etc., and have them in their official capacities attempt to force your landlord to make necessary repairs). If the government inspectors find the premises are unsafe or unhealthy, you may then deposit your rent in an escrow account until either the landlord remedies the unsafe or unhealthy conditions, or s/he gets a court order authorizing release of the rent.

    This course of action is procedurally complex, so you may want to check with UW Student Legal Services or obtain other advice before using this remedy. You can also combine this option with a court suit or arbitration to determine past, present, or future diminution in rental value due to the defective conditions.


  3. Suing your landlord: If in the course of your tenancy your landlord has been unresponsive to your request for repairs, you can file a lawsuit against him/her. To sue you must (1) be current in rent and utilities, (2) deliver a notice to repair,' and (3) wait the required time period. It's a good idea to get legal advice before filing a suit. Check with UW Student Legal Services for more information.


  4. Implied Warranty of Habitability: Even if a landlord does not specifically agree to make repairs, s/he is responsible for providing a livable place. All rental housing is subject to this "implied warranty of habitability". You cant legally strike an agreement with your landlord to live in an "uninhabitable" place in exchange for reduced rent.


  5. Submitting Repair Disputes to Arbitration: The arbitration method is complicated and seldom used. For more details, contact us and examine the Landlord / Tenant Act, but following is a brief summary of the arbitration method: A request for repair must be delivered to your landlord and you must wait for the required time period, as described earlier. The arbitration agreement must be written and the arbitrator chosen after the dispute arises. Any oral or written agreement naming a specific arbitrator pending future conditions does not bind you or the landlord. And as in all cases, you must be current in your rent and utilities.


  6. Moving Out: Another option available to you if your landlord fails to make necessary repairs is simply moving out. To avoid legal hassles, you must be current in rent and utilities, have given a notice to repair, and waited the required period of time as described earlier.


  7. Rent Withholding: A tenant can only withhold rent completely when the place is totally uninhabitable. By living in a place at the same time you are claiming it is uninhabitable, you run the risk of having a judge or jury rule that total rent withholding is unjustified. Eviction may occur as well as your being held liable for your landlord's court costs and attorney's fees. Therefore, this option is not a good idea.