Rent Withholding Laws in Washington
Tenants in Washington can’t withhold rent, even if the landlord won’t make major repairs. But if the problem is serious enough, tenants could use something known as a “rent escrow.”
In many states, tenants are allowed to withhold some or all of their rent until their landlord makes major repairs. This is not the case in Washington State, where withholding rent is illegal and could result in eviction (even if the issue affects a tenant’s health and safety). If the repair isn’t prohibitively expensive, a tenant can make the repair themselves and deduct the cost from their rent. For more serious repairs, tenants could consider depositing their rent into an escrow account. However, this is a complicated process that should be used as a last resort.
Rent withholding is illegal in Washington—but tenants have other options
Tenants who are dealing with a major issue with their rental should always inform their landlord of the problem in writing and give them up to 10 days to start the repair, as laid out by state law.1 But even if a landlord refuses to make repairs in that time, a tenant isn’t allowed to withhold rent. Instead, a tenant can do the following:2
- Resolve the issue through mediation or arbitration
- Handle the repairs themselves and subtract the cost from their rent (a process known as “repair and deduct”)
- Give the landlord notice and move out
- Sue the landlord to make the repairs
Tenants can store rent into an escrow account for serious repairs
If the necessary repairs significantly affect a tenant’s health and safety—and they are too expensive to use repair and deduct—a tenant can also choose to pay rent into an escrow account rather than their landlord.3 To use a rent escrow account, a tenant is required by law to:
- Be paid up on rent and any utilities
- Have a local government official inspect the unit
- Get a written certification of a defect from the official
- Prove that they cannot make the repair themselves
- Provide the landlord with written notice of the escrow account
However, the specific procedure for using a rent escrow is complicated and time-consuming. A tenant should always consult with an attorney before going this route.
Landlords can evict tenants for withholding rent in Washington
If a tenant withholds rent—even if the issue is a breach of Washington’s implied warranty of habitability—they could be evicted. The landlord can give the tenant a 14-day notice to pay the full rent or leave the unit.4 If the tenant doesn’t pay the full rent within 14 days, they can be evicted.
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The information provided on this website does not, and is not intended to, constitute legal advice.