View Full Version : Wa state tenant/landlord laws
smileyfire9
Aug 13, 2008, 08:21 PM
Hello, I would like to know what the specific law is about breaking a lease because a landlord failed to completely fix a major plumbing problem within the 72 hours per the RCW law. Does the law mean they have to begin the fix within 72 hours or do they have to have it COMPLETE in 72 hours?
rockinmommy
Aug 13, 2008, 08:28 PM
Do you have the exact wording of the RCW law?
These types of things usually have a lot of room for interpretation. If the landlord is trying and the plumber is poking along... there'd probably be some leaway from a judge. If the landlord isn't really making an honest attempt, then the judge would probably be more harsh.
I know over the 15 years I've been a landlord there have been a couple of times that it has been PAINFULLY slow getting some major repair done. Contractors and sub-contractors can be impossible to get and keep on jobs, waiting for parts, all sorts of issues. Of course, for the person suffering w/out plumbing it's THE WORST! I've been on that end of it, too, when it was my home that was being worked on. Sometime there's just nothing to speed the process along.
Or they may just be fiddle-farting around (as my maintenance man says). If that's the case I think YOU'd have a case to do something about it.
smileyfire9
Aug 13, 2008, 08:35 PM
Below is one of the RCW Codes... you can type in the rcw code and it will take you to the other ones that go along with this subject.
There are also other problems with the house, like I have no access to the filter on the furnace to change it... the one that is in there now is BLACK and looks like its been there for a long time. The furnace was changed from electric to gas and the way they placed the furnace it does not allow proper access. My health is suffering as a result of it too...
RCW 59.18.070
Landlord — Failure to perform duties — Notice from tenant — Contents — Time limits for landlord's remedial action.
If at any time during the tenancy the landlord fails to carry out the duties required by RCW 59.18.060 or by the rental agreement, the tenant may, in addition to pursuit of remedies otherwise provided him by law, deliver written notice to the person designated in *RCW 59.18.060(11), or to the person who collects the rent, which notice shall specify the premises involved, the name of the owner, if known, and the nature of the defective condition. The landlord shall commence remedial action after receipt of such notice by the tenant as soon as possible but not later than the following times, except where circumstances are beyond the landlord's control:
(1) Not more than twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat, or electricity, or is imminently hazardous to life;
(2) Not more than seventy-two hours, where the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord; and
(3) Not more than ten days in all other cases.
In each instance the burden shall be on the landlord to see that remedial work under this section is completed promptly. If completion is delayed due to circumstances beyond the landlord's control, including the unavailability of financing, the landlord shall remedy the defective condition as soon as possible.
[1989 c 342 § 4; 1973 1st ex.s. c 207 § 7.]
LisaB4657
Aug 14, 2008, 05:44 AM
Hello, I would like to know what the specific law is about breaking a lease because a landlord failed to completely fix a major plumbing problem within the 72 hours per the RCW law. Does the law mean they have to begin the fix within 72 hours or do they have to have it COMPLETE in 72 hours?
"The landlord shall commence remedial action after receipt of such notice by the tenant as soon as possible but not later than the following times, except where circumstances are beyond the landlord's control:"
The operative word in the law you posted is "commence". That means that the landlord must begin the repairs within 72 hours after receiving the notice, not complete within 72 hours. The last paragraph of the law says that the landlord must see that it is completed promptly.
ScottGem
Aug 14, 2008, 05:57 AM
Under RCW 59.18.090, you do have the right to terminate the lease if you meet the conditions of notice and the landlord fails to follow the duties outlined in RCW 59.18.060. Under RCW 59.18.100, you have other options in getting the repair done yourself and deducting the cost from your rent.