Can a tenant refuse to pay rent due to inadequate repairs?
In Washington, tenants can refuse to pay rent due to inadequate repairs, but only in certain circumstances. If a landlord fails to maintain the property in a tenantable condition (which is defined as livable and safe from health hazards) then the tenant can terminate the rental agreement and can stop paying rent. In order for a tenant to terminate the agreement and stop paying rent, the tenant must have made a written request for repairs to the landlord, as well as made a written demand for rent abatement. If the landlord does not perform the necessary repairs within a reasonable amount of time, then the tenant is permitted to refuse to pay rent until the repairs are made. A tenant should also be aware of their local zoning and safety codes, as these codes often require landlords to make certain repairs within a certain period of time. If a landlord fails to make the necessary repairs within that time frame, the tenant can withhold rent until the repairs are made. It is important to note that tenants must be able to prove that they have followed the above procedures in order to legally withhold rent. This means that tenants should make sure to document all repair requests and follow up to ensure that the repairs are made in a timely manner. Additionally, tenants should retain proof of payment for each month’s rent in case the landlord attempts to take legal action against them.
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