RCW 59.18.110
Failure of landlord to carry out duties—Determination by court or arbitrator—Judgment against landlord for diminished rental value and repair costs—Enforcement of judgment—Reduction in rent under certain conditions.
(1) If a court or an arbitrator determines that:
(a) A landlord has failed to carry out a duty or duties imposed by RCW 59.18.060; and
(b) A reasonable time has passed for the landlord to remedy the defective condition following notice to the landlord in accordance with RCW 59.18.070 or such other time as may be allotted by the court or arbitrator; the court or arbitrator may determine the diminution in rental value of the premises due to the defective condition and shall render judgment against the landlord for the rent paid in excess of such diminished rental value from the time of notice of such defect to the time of decision and any costs of repair done pursuant to RCW 59.18.100 for which no deduction has been previously made. Such decisions may be enforced as other judgments at law and shall be available to the tenant as a set-off against any existing or subsequent claims of the landlord.
The court or arbitrator may also authorize the tenant to make or contract to make further corrective repairs and the tenant may deduct from the rent the cost of such repairs, as long as the court specifies a time period in which the landlord may make such repairs before the tenant may commence or contract for such repairs.
(2) The tenant shall not be obligated to pay rent in excess of the diminished rental value of the premises until such defect or defects are corrected by the landlord or until the court or arbitrator determines otherwise.
[ 2011 c 132 § 7; 1973 1st ex.s. c 207 § 11.]
Structure Revised Code of Washington
Title 59 - Landlord and Tenant
Chapter 59.18 - Residential Landlord-Tenant Act.
59.18.020 - Rights and remedies—Obligation of good faith imposed.
59.18.040 - Living arrangements exempted from chapter.
59.18.050 - Jurisdiction of district and superior courts.
59.18.058 - Notice—Translated versions—Legal or advocacy resource information.
59.18.063 - Landlord—Written receipts for payments made by tenant.
59.18.065 - Landlord—Copy of written rental agreement to tenant.
59.18.075 - Seizure of illegal drugs—Notification of landlord.
59.18.080 - Payment of rent condition to exercising remedies—Exceptions.
59.18.090 - Landlord's failure to remedy defective condition—Tenant's choice of actions.
59.18.120 - Defective condition—Unfeasible to remedy defect—Termination of tenancy.
59.18.160 - Landlord's remedies if tenant fails to remedy defective condition.
59.18.170 - Landlord to give notice if tenant fails to carry out duties—Late fees.
59.18.190 - Notice to tenant to remedy nonconformance.
59.18.210 - Tenancies from year to year except under written contract.
59.18.220 - End of tenancy for a specified time—Armed forces exception.
59.18.240 - Reprisals or retaliatory actions by landlord—Prohibited.
59.18.250 - Reprisals or retaliatory actions by landlord—Presumptions—Rebuttal—Costs.
59.18.253 - Deposit to secure occupancy by tenant—Landlord's duties—Violation.
59.18.255 - Source of income—Landlords prohibited from certain acts—Violation—Penalties.
59.18.315 - Mediation of disputes by independent third party.
59.18.320 - Arbitration—Authorized—Exceptions—Notice—Procedure.
59.18.330 - Arbitration—Application—Hearings—Decisions.
59.18.350 - Arbitration—Completion of arbitration after giving notice.
59.18.354 - Threatening behavior by landlord—Termination of agreement—Financial obligations.
59.18.363 - Unlawful detainer action—Distressed home, previously.
59.18.365 - Unlawful detainer action—Summons—Form.
59.18.367 - Unlawful detainer action—Limited dissemination authorized, when.
59.18.415 - Applicability to certain single-family dwelling leases.
59.18.420 - RCW 59.12.090, 59.12.100, 59.12.121, and 59.12.170 inapplicable.
59.18.430 - Applicability to prior, existing or future leases.
59.18.435 - Applicability to proprietary leases.
59.18.500 - Gang-related activity—Legislative findings, declarations, and intent.
59.18.550 - Drug and alcohol free housing—Program of recovery—Terms—Application of chapter.
59.18.570 - Victim protection—Definitions.
59.18.575 - Victim protection—Notice to landlord—Termination of rental agreement—Procedures.
59.18.585 - Victim protection—Possession of dwelling unit—Exclusion of others—New lock or key.
59.18.590 - Death of a tenant—Designated person.
59.18.595 - Death of a tenant—Landlord duties—Disposition of property procedures—Liability.
59.18.610 - Installments—Deposits, nonrefundable fees, and last month's rent—Statutory penalty.
59.18.620 - Definitions applicable to RCW 59.18.625 and 59.18.630.
59.18.630 - Eviction moratorium—Unpaid rent—Repayment plans—Rental assistance.
59.18.660 - Eviction resolution pilot program.
59.18.900 - Severability—1973 1st ex.s. c 207.
59.18.911 - Effective date—1989 c 342.
59.18.912 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.