UPKEEP AND REPAIRS

The law stipulates that a landlord must maintain the premises in compliance with specific building codes and local ordinances, must keep common areas clean and safe, and must preserve facilities and appliances in reasonably good working order. Damage caused by weather, acts of God (such as earthquakes and accidents), or unknown third parties are generally the responsibility of the landlord.

A tenant also has a responsibility to keep the rented unit clean and safe and may not deliberately or negligently destroy, damage, or remove any part of the premises. If major repairs are needed, the tenant is required to notify the landlord, in writing. Once notified of a defective condition and unless circumstances are beyond the landlord’s control, the landlord is obliged to make repairs in a timely manner as follows:

  • 24 hours to restore hot or cold water, heat, or electricity

  • 24 hours to remedy a condition that is imminently hazardous to life

  • 72 hours to repair major plumbing fixtures and, if supplied by the landlord, the refrigerator, range, and oven

  • Not more than 10 days for other repairs

WITHHOLDING RENT FOR REPAIRS

Except for the limited right to make minor repairs and deduct their cost from the rent, a tenant has no right to withhold rent. The cost per repair may not exceed certain limits, which should be spelled out in the rental agreement, and reasonable notice to the landlord is required.

INSURANCE

Unless the rental agreement provides otherwise, the tenant has no obligation to insure the premises. However, tenants should consider purchasing renter’s insurance on personal property and liability insurance for claims by third parties (such as guests) for personal injuries occurring on the premises, since the landlord’s insurance covers only the property.

PETS

Landlords have the right to prohibit pets or establish their own rules and restrictions pertaining to pets. For example, landlords may require references and extra fees to cover special cleaning. Washington law does not automatically grant tenants the right to cohabitate with pets.

RIGHT OF ENTRY

In general, with tenant consent, a landlord has a right of entry to inspect the premises, make repairs, supply necessary or agreed services, or show the property to potential tenants, purchasers, or contractors. Entry is limited to reasonable times, and two days’ notice of intent to enter is required. A landlord may enter the premises without the tenant’s consent if an emergency or abandonment occurs, or if the landlord obtains a court order. A landlord may not abuse his or her right of access to the premises to harass a tenant.

EVICTION

The action by a landlord to remove a tenant from a rental unit is known as an eviction or an “unlawful detainer.” Most local housing codes define “just cause” for an eviction and outline procedures that must be followed.

In an eviction based on nonpayment of rent, a tenant may assert a claim for money owed the tenant by the landlord. The tenant’s claim (sometimes known as an equitable defense or setoff) must be related to the tenancy, such as the tenant’s payment of a gas bill that was the landlord’s responsibility under the rental agreement. In evic­tion actions, strict rules and procedures must be observed.

Generally, a legal eviction process involves:

  • Proper notice: Before evicting a tenant, the landlord must serve the required eviction notices using proper procedures

  • Filing of a lawsuit: If the tenant fails to move out, a lawsuit must be filed to evict the tenant

  • Entitlement to a court hearing: If the tenant disputes the reasons for the eviction, the tenant is entitled to a court hearing

  • Sheriff’s involvement: If the tenant loses the court hearing, the sheriff is ordered to physically evict the tenant and remove his or her property from the unit. Only the sheriff, not the landlord, can physically remove a tenant who does not comply with an eviction notice and only after an unlawful detainer lawsuit has been filed

  • Liability for attorneys’ fees: In an eviction dispute, the successful party is entitled to recoup costs and attorney fees from the other party

PROHIBITED EVICTION

Landlords are generally prohibited from locking a tenant out of the premises, from taking a tenant’s property for nonpayment of rent (except for abandoned property under certain conditions), or from intentionally terminating a tenant’s utility service. Various penalties exist for violating these protections.

Retaliatory evictions are also illegal. A landlord may not terminate a tenancy or increase rent or change other terms of the rental agreement to retaliate against a tenant who asserts his or her rights under the Landlord-Tenant Act or reports violations of housing codes or ordinances.

SETTLEMENT OF DISPUTES

In the event of a dispute, the landlord and tenant may agree to arbitration, asking a neutral party to settle the disagreement. The process is usually quick and inexpensive, with any administrative fee shared equally unless otherwise allocated by the arbitrator.

Landlord-tenant problems can also be resolved through informal mediation. In mediation, a third party intervenes between two disputing parties in an effort to reach an agreement, compromise, or reconciliation. Unlike arbitration, where the arbiter decides the outcome, mediation is intended to help the landlord and tenant reach mutual agreement. Mediation can be requested by either a landlord or tenant and may be available without charge from city or county agencies. If the parties do not reach agreement through the media­tion process, they may pursue legal remedies.

WE CAN HELP

A copy of the Landlord-Tenant Act may be obtained by calling the Washington State Office of the Attorney General at 800-551-4636. In addition, the Attorney General’s office can provide a referral to low-cost dispute resolution centers in your area.

If your landlord-tenant dispute cannot be resolved through these efforts, especially if you are involved in an eviction, you should obtain advice from an attorney experienced in these matters. At the Deno Millikan Law Firm, our attorneys have deep knowledge of landlord-tenant law. We stand ready to assist you in the resolution of your dispute and ensure your legal rights are protected. Contact us today at 425-259-2222.

Snohomish County Landlord-Tenant Dispute FAQ

landlord-tenant dispute lawyer in Snohomish County, WALandlord-tenant disputes in Snohomish County, WA can affect both property owners and renters in serious ways. Whether you are dealing with an eviction, a security deposit disagreement, or an uninhabitable unit, understanding your rights and options is the first step.

What does a landlord-tenant dispute lawyer handle in Snohomish County?

A landlord-tenant attorney in Snohomish County handles a wide range of issues, including evictions, lease violations, habitability claims, security deposit disputes, and unlawful entry by landlords. They can represent either landlords or tenants depending on the situation and help resolve matters through negotiation, mediation, or litigation when necessary.

When should a tenant contact a rental dispute attorney?

Tenants should consider reaching out to a rental dispute attorney when they receive an eviction notice, when a landlord refuses to make repairs, when a security deposit is wrongfully withheld, or when they experience housing discrimination. Acting early gives you more options and helps protect your legal standing throughout the process.

What are common reasons landlords file for eviction in Washington State?

Common grounds for eviction in Washington include:

  • Nonpayment of rent
  • Lease violations such as unauthorized pets or guests
  • Property damage beyond normal wear and tear
  • Illegal activity on the premises
  • Expiration of a lease without renewal

Each situation is governed by specific notice requirements under Washington’s Residential Landlord-Tenant Act.

How long does a landlord-tenant dispute take to resolve?

The timeline varies significantly depending on the issue. An uncontested eviction may conclude in a few weeks, while a contested case involving habitability claims or damages could take several months. Having legal representation often helps move things along more efficiently.

What notice is required before eviction in Snohomish County?

Washington law requires landlords to provide written notice before filing for eviction. The notice period depends on the reason, such as a 3-day notice for nonpayment of rent or a 20-day notice to vacate for a month-to-month tenancy. Failure to follow proper procedures can invalidate the eviction.

Can a landlord withhold a security deposit in Washington?

A landlord can withhold part or all of a security deposit for unpaid rent, cleaning costs, or damage beyond normal wear and tear. Washington law requires landlords to provide a written itemized statement within 30 days of move-out. Failure to comply can result in the tenant recovering up to twice the deposit amount.

What qualifies as an uninhabitable rental unit?

Washington law requires landlords to maintain units that are safe, sanitary, and in good repair. Issues that may make a unit legally uninhabitable include broken heating systems, mold, pest infestations, or lack of running water. Tenants have specific remedies available when a landlord fails to address these conditions after proper notice.

Can a tenant withhold rent if repairs are not made?

Washington’s Residential Landlord-Tenant Act allows tenants to pursue a rent escrow remedy in certain circumstances if a landlord fails to make necessary repairs after written notice. This process has specific legal requirements, and acting outside of them can expose a tenant to eviction. Consulting a landlord-tenant dispute lawyer in Snohomish County before taking this step is strongly advised.

What rights do landlords have when a tenant causes property damage?

Landlords have the right to document damage, apply the security deposit toward repair costs, and pursue additional compensation in small claims or district court if damage exceeds the deposit. Proper move-in and move-out documentation significantly strengthens a landlord’s position in these disputes.

Can a landlord enter a rental unit without permission in Washington?

Generally, landlords must provide at least two days’ notice before entering a rental unit except in emergencies. Repeated unauthorized entry may constitute harassment and can expose the landlord to legal liability. Tenants experiencing this issue should document each instance carefully.

What is the difference between a material breach and a lease violation?

A lease violation is any act that goes against the lease terms, while a material breach is a significant violation serious enough to justify terminating the tenancy. Not every violation rises to the level of a material breach. The distinction matters when a landlord seeks to evict or a tenant wants to break a lease without penalty.

Can a tenant break a lease early without penalty in Washington?

In certain circumstances, such as active military deployment, domestic violence situations, or significant landlord violations of the lease or habitability standards, Washington law permits tenants to terminate a lease early without a penalty. Outside of those specific situations, early termination may expose the tenant to financial liability for remaining rent.

What should I do if I receive an eviction notice in Snohomish County?

Read the notice carefully and identify the specific reason stated. Do not ignore it. Depending on the type of notice, you may have options to cure the issue, contest the eviction in court, or negotiate with the landlord. The window to respond is often short, so time matters.

Does it matter if my lease agreement is verbal or written?

Both verbal and written lease agreements can be legally binding in Washington, but written leases provide much clearer documentation of the terms. Verbal agreements create ambiguity and make disputes harder to resolve. Courts will look at all available evidence, including payment history and communications, to determine what was agreed upon.

Whether you are a landlord dealing with a non-compliant tenant or a renter facing an unjust eviction, Deno Millikan Law Firm, PLLC is ready to help you understand your options and take appropriate action. Reach out today to discuss what your specific situation requires.