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Repair and Deduct

If you are current in your rent and utilities, you can have the repairs done and deduct the cost from your next months’ rent by following these steps (RCW 59.18.100).

  1. Pay your rent. You can’t do Repair and Deduct if you’re even one dollar behind in rent.
  2. Write a letter. (A sample letter is available.) The landlord is not legally responsible until they get it in writing. Describe the repair and estimate how much it will cost to fix. This does not have to be a professional estimate; it can just be your best guess. If you want, you can say in your letter that if the landlord doesn’t do the repairs you will, but you’re not required to. Sign and date the letter, and keep a photocopy. To prove that he received it, have the landlord sign your copy, or have a friend who doesn’t live with you watch you hand it to him, or send it certified mail, return receipt. If you don’t have your landlord’s address you can call the county tax assessor and ask for the address of the person who pays taxes on your building.
  3. Wait. For most repairs the landlord has 10 days from when he receives the letter to even begin to make the repairs. If you cannot use a major plumbing fixture, or the refrigerator, range or oven, the landlord has 72 hours. If you have no hot or cold water, heat or electricity, or something that’s “imminently hazardous to life,” the landlord has only 24 hours. Be careful. Judges interpret “imminently hazardous” very narrowly. If you’re in doubt about which time limit applies to your repair, assume it’s 10 days, or call the Tenants Union.
    If your landlord does start the repairs within the time limits list above, they then have a “reasonable time” to finish. Unfortunately the law does not define what a reasonable time is. It depends on the repair, so you will have to judge whether the landlord is moving or dragging his heels.
  4. Do the repair. If the landlord doesn’t begin the repair by the time required, or doesn’t complete the repair in a reasonable time, you can either hire someone or do it yourself. If you do the repair yourself you can spend half a month’s rent per month, and can charge for your labor. If you hire someone you can spend one month’s rent per month. You have to pay this money out of your own pocket. If you don’t have a lot of money, it helps to find a repairman who will bill you. Or you can do the repair near the end of the month, with the money you have set aside to pay the rent anyway.
  5. Let your landlord look at the repair. He doesn’t have to, but the landlord has the right to inspect the work. You can call and let him know it’s done and he can come and look. Or you can just tell the landlord in your first letter that you’ll do the work as soon as his time is up, and then he can come look at it if he wants to.
  6. Get your money back. You reimburse yourself by taking the cost of the repair out of your next month’s rent check. When you send in the reduced rent you should attach a copy of the receipt, either from the repairman or from the hardware store. If you do the work yourself write up a receipt saying what day you worked, how many hours, and for how much an hour ($10 an hour is the median wage in Seattle). Be sure to send a copy of the receipt.

Frequently Asked Questions about Repair and Deduct

How many times can I do this?

Beware! In any twelve month period (for example, June to May, or January to December) you can spend no more than two month’s rent total if you hire someone. You can only spend a maximum of one month’s rent if you do the work yourself. So if you do several little repairs over 3 or 4 months, keep tabs on your running total.

Can I use Repair and Deduct to paint the walls?

You cannot use it for cosmetic repairs that are a result of ordinary wear and tear. But if there is a big stain on the wall from a leak, or a flood, you can fix that.

Can I use Repair and Deduct to put in a flashing doorbell or other accommodation for my disability?

No. But the landlord has to let you put it in if you are willing to pay for it yourself.

What if my repair costs more than one month’s rent?

This is a hassle, and something that the Tenants Union is trying to get changed in the law. Sometimes you can do part of the repair in one month, and that will get the landlord to finish the repair. Tenants in apartment buildings can join together and pool rent deductions in order to make more expensive repairs.

Posted: Tuesday, December 7, 2004

Disclaimer: The information contained in or linked to the Tenants Union website is for informational purposes only. The Tenants Union makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to its web site.

The Tenants Union cannot act as your attorney, and its staff members are not attorneys. The Tenants Union makes no representations, expressed or implied, that the information contained in or linked to its web site can or will be used or interpreted in any particular way by any governmental agency or court. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.