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WA residential landlord tenant act, RCW chapter 59.18 landlord's failure to fix defective condition
Wapato, WA
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Posted about 1 year ago in Landlord / Tenant
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my rights as an tenant:
what if the landlord fixes an apartment like new refridgeater but gives me an old one with coaches in it and infests my apartment with them
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Answers (1)Travis Scott Eller
This attorney is licensed in Washington.
Posted about 1 year ago.
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The landlord has a right to rent out all the units, so the fact you did not get a new one - in and of itself - is probably not a valid complaint.
However, the landlord does have duties as to pests. See the statute below: RCW 59.18.060 Landlord -- Duties. The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular: (4) Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single family residence, control infestation during tenancy except where such infestation is caused by the tenant; 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 time periods, 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. RCW 59.18.090 Landlord's failure to remedy defective condition -- Tenant's choice of actions. If, after receipt of written notice, and expiration of the applicable period of time, as provided in RCW 59.18.070, the landlord fails to remedy the defective condition within a reasonable time the tenant may: (1) Terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement, in which case he shall be discharged from payment of rent for any period following the quitting date, and shall be entitled to a pro rata refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with RCW 59.18.280; (2) Bring an action in an appropriate court, or at arbitration if so agreed, for any remedy provided under this chapter or otherwise provided by law; or (3) Pursue other remedies available under this chapter. RCW 59.18.100 Landlord's failure to carry out duties -- Repairs effected by tenant -- Procedure -- Deduction of cost from rent -- Limitations. (1) If at any time during the tenancy, the landlord fails to carry out any of the duties imposed by RCW 59.18.060, and notice of the defect is given to the landlord pursuant to RCW 59.18.070, the tenant may submit to the landlord or his designated agent by certified mail or in person a good faith estimate by the tenant of the cost to perform the repairs necessary to correct the defective condition if the repair is to be done by licensed or registered persons, or if no licensing or registration requirement applies to the type of work to be performed, the cost if the repair is to be done by responsible persons capable of performing such repairs.
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