Washington residential tenant remedies – to leave or stay.

Residential tenancies in Washington are governed by the Residential Landlord Tenant Act (“RLTA”), RCW 59.18.  The RLTA imposes duties on landlords, and provides tenants with remedies for breach, that the parties cannot contract-around in the lease (this is in stark contrast to commercial leases which are governed almost exclusively by the parties’ agreement in the lease).    

Generally, the RLTA imposes-upon landlords an obligation to keep the premises habitable as a residence.  RCW 59.18.060.  Most tenant complaints relate in some way to habitability.  If the landlord fails to timely cure the breach following notice, the RLTA confers upon tenants an election of remedies generally found in RCW 59.18.090, RCW 59.18.100, RCW 59.18.110, RCW 59.18.115, and RCW 59.18.120.

Generously, the RLTA gives tenants the option to either leave or stay.  Under RCW 59.18.090, the tenant can terminate the lease and immediately vacate the premises.  An order of termination can also be obtained, judicially, and the court is empowered to give the tenant reasonable time to move.  RCW 59.18.120.

But moving is not always easy and feasible and desirable for tenants.  For those wishing to remain in the premises, the RLTA provides two general options following landlord breach.  First, the tenant can exercise “self-help”, meaning the tenant fixes the habitability issue and deducts the cost from rent. RCW 59.18.100.  Second, for escalated habitability issues making the premises dangerous, the tenant can deposit rent into an escrow account available to the landlord only after the dangerous condition is cured. RCW 59.18.115.  Of note, the escrow option conferred by RCW 59.18.115 is considered an “extraordinary” remedy and has detailed procedural requirements which are beyond the scope of this post.

In sum, the RLTA provides residential tenants a generous election of remedies following landlord breaches as they related to habitability.  The RLTA’s remedies are automatic and do not have to be agreed by the parties in the lease.  Tenants are afforded flexibility depending on their preference to remain in the premises, and arrange or compel a fix, or leave immediately.