1	Repairs
2	How to do I get my landlord to make repairs to my unit? The first step is to give the landlord a written request for repairs. The notice should include the name of the tenant, the date, the name of the owner, the address of the premises, and a description of what needs to be repaired. Repair requests must be in writing. You should keep a photocopy of repair requests you give to the landlord in case a dispute arises. A sample repair request can be downloaded here: http://www.tacomaprobono.org/hjpdocs.html/NOTICEREQUESTINGREPAIRS.doc
3	How much time does the landlord have to make repairs? After receiving a written notice requesting repairs, the landlord must start making repairs as soon as possible, and no later than the following time limits: 72 hours to begin to fix a refrigerator, range and oven, or major plumbing fixture supplied by the landlord. 24 hours to begin to restore heat, hot or cold water, electricity, or to fix a very hazardous condition. 10 days to begin making repairs in all other cases. The landlord must complete properly requested repairs promptly. If the landlord cannot meet these timelines because of circumstances beyond his or her control, the repairs must still be completed as soon as possible.
4	Can I have the repairs done and deduct it from my rent? The Residential Landlord-Tenant Act does provide a repair and deduct remedy. In order to use the repair and deduct remedy, you MUST BE CURRENT IN RENT. You may have the work done by a licensed or registered repair person, and then deduct the actual costs from the next month’s rent, in an amount up to one month’s rent. This can be done twice in one year.
5	Can I do the repairs myself and deduct it from my rent? If a licensed repair person is not required to make the repairs needed, you can do the repair yourself and deduct up to ½ the next month’s rent. Remember, you must be current in all rent and utility payments in order to ask the landlord to do repairs, or to have them done/do them yourself and deduct them from rent. In both cases, you must give the landlord the required notice and wait the required waiting period. ALWAYS KEEP A COPY OF YOUR RECEIPTS for the cost of repairs you do yourself or repairs you have done by a repair person.
6	How do I go about hiring someone to do repairs if the landlord doesn’t respond to my written request? You must serve, by certified mail or in person, your own good faith written estimate of the cost of having the repair performed (this estimate is in addition to the first written notice). After the proper written notice is given, the required waiting period has ended and the landlord has not begun repairs, you can contract with the lowest bidder to have the work done. The tenant must make arrangements to pay the repair person.
7	How do I deduct what I paid a contractor to have the repairs done from my rent? You must give the landlord an opportunity to inspect the work. After the landlord has inspected the work or has been given a reasonable opportunity to inspect the work, you may deduct the cost of repairs from the next month’s rent. The deduction for each repair cannot exceed one month’s rent. You can do this twice in any 12-month period.
8	How do I go about doing the repairs myself? You must deliver a written notice to the landlord or to the person who collects the rent and wait the applicable waiting period. You are not required to provide a separate written estimate of the cost of repairs, however it is probably a good idea to let the landlord know you will be doing the repair yourself. You must perform the repair in a workmanlike manner. You must give the landlord an opportunity to inspect the work. You may then deduct the cost of repairs from the next month’s rent. The deduction for each self-help repair cannot exceed one-half month’s rent and no more than one month’s rent can be deducted in any 12-month period.
9	Can I withhold rent until the landlord makes repairs? NO. Tenants are not entitled to withhold rent even if the landlord has not made repairs. A tenant who withholds rent loses the right to Washington’s repair remedies, and gives the landlord the right to issue a 3-day pay or vacate notice and start an unlawful detainer action. Never withhold rent without consulting an attorney first.
10	Warning on deducting repair costs from rent. The process for deducting repair costs from rent is quite detailed and can be confusing. Many tenants make errors when deducting repair costs from rent which can result in eviction. You should always consult with an attorney before deducting repair costs from rent.
11	Can I move out if the landlord does not make the properly requested repairs? After waiting the required time, the law allows tenants to give written notice to the landlord and move out if properly requested repairs are not made. You do not have to pay rent for any period following the date of moving out, and you are entitled to a refund of any prepaid rent or deposits. Before moving out, you should consult with an attorney to make certain that landlord’s actions or inactions entitle you to be able to move out without being responsible for future rent.
12	May I file a lawsuit against the landlord, or pursue arbitration or mediation, if the landlord does not make the properly requested repairs? A tenant may go to court to attempt to force the landlord to make repairs. These kinds of suits cannot be brought in small claims court. If the landlord agrees, the dispute can be decided by arbitration, which is usually quicker and less costly than going to court. Before filing any court action against your landlord, you should consult with an attorney. Filing frivolous actions or not filing actions properly could lead to you being held responsible for the landlord’s attorney fees.
13	What should I do if I think that my home or apartment is unhealthy or unsafe to live in? Anytime you are worried about the condition of your housing, you may notify the city or county office that enforces the housing and building code and request an inspection. If the inspector finds problems or defects in violation of the building code, the city or county can require the landlord to make necessary repairs or may require that tenants vacate the building. You also have a duty to notify the landlord in writing of your concerns so that he/she has the opportunity to cure the problem.
14	Who should I call about health concerns? If you are concerned about health code violations… …and you live anywhere in Pierce County, call the Pierce County Health Department at (253) 798-6440. …and you live in a mobile home, call the Washington State Attorney General’s Mobile Home Division (1-866-924-6458).
15	Who should I call about building code violations? If you are concerned about building code violations… …and you live in Pierce County but outside the cities of Tacoma and Lakewood, call PALS (Planning & Land Use Services) at (253) 978-7148. …and you live in the City of Tacoma, call Planning & Public Works at (253) 591-5072. …and you live in the City of Lakewood, call code Enforcement at (253) 512-2261 You may also call your local Fire Department for a quick response to wiring and electrical problems.
16	Can I request that the landlord change the locks on my unit? Do I have to pay for it? The landlord is required to replace a lock or configure an existing one for a new key for a tenant who has obtained a court order which grants possession of a rental unit to that tenant and excludes a former co-tenant. The tenant must pay for this service.
17	What can I do if the landlord does not pay utilities according to the rental agreement and they are shut off? If the landlord does not maintain the utilities in working order, the tenant may pursue the same remedies listed above as long as proper notice is given and the landlord is allowed the proper amount of time to restore utilities. The landlord cannot shut off the utilities because the tenant is behind in rent. If the utilities have been shut off by the landlord, the tenant should first check with the utility company to see if it will restore service. If the landlord intentionally does not pay the utility bills, the tenant can file a lawsuit. If the tenant wins in court, the judge can award the tenant up to $100 per day for the time without service, as well as attorney’s fees.
18	How to find the law…….. The Landlord-Tenant statutes are: RCW 59.18 RCW 59.12 Which can be found at www.leg.wa.gov/rcw/index.cfm Or at the Pierce County Law Library 930 Tacoma Ave. S. Tacoma, WA 98402 (253) 798-7494 Other legal information resources: Washington Attorney General’s Publications on Landlord/Tenant Disputes Northwest Justice Project’s Publications on Landlord/Tenant Disputes (www.washingtonlawhelp.org)
19	Resources
20	Contact the Housing Justice Project Tacoma-Pierce County Housing Justice Project 715 Tacoma Ave. S. Tacoma, WA 98402 (253) 572-5134 FAX (253) 274-1888 vls@tacomaprobono.org www.tacomaprobono.org The Housing Justice Project provides public information, advice appointments and referral for representation by volunteer attorneys in landlord-tenant and other housing issues for low-income clients.
21	CLEAR –Washington State low-income legal advice hotline If you think you may be eligible for legal aid (see next slide) or have other barriers (such as language) which make it difficult for you to access help with your case, call this number first for legal advice and referral to local resources: CLEAR statewide low-income hotline, 1-888-201-1014 CLEAR, Senior (over 60), 1-888-387-7111 CLEAR is available 9:15-12:15 M-F for legal advice and referral if you meet low-income guidelines (no income guidelines for seniors). If you don’t have access to a phone, you can call CLEAR from the lobby of the Access to Civil Justice Center, 715 Tacoma Ave. S., Tacoma, WA 98402, 9-5 M-F.
22	Am I eligible for low-income legal services? Size Monthly
23	If you have difficulty reaching CLEAR -- Local Resources for Legal Advice Housing Justice Project – (253) 572-5134 In-person advice available by appointment or at scheduled hours at the Lawhelp Center in the Pierce County Law Library. Volunteer Legal Services Program Advice Clinics – (253) 572-5134 Neighborhood Legal Clinic, 1^st three Mondays of each month, Pierce County Law Library, 930 Tacoma Ave. S.; call (253) 572-5134 for appointment. Family law advice always available for low-income clients. 4^th Monday Clinica Legal de la Vecindad, 4:30-6 p.m. (Spanish-speaking attorneys/translation always available, for monolingual Spanish-speaking clients), walk-in clinic; arrive at the Law Library by 4 p.m.) Lakewood Pro Bono Clinic, every Thursday evening, 6-7:30 p.m., at My Service Mind, 11016 Bridgeport Way SW, call for appointment (253) 584-5615. Korean and Russian translation always available.
24	City of Tacoma Landlord-Tenant Program City of Tacoma Human Rights and Human Services Department 747 Market Street, Room 836 Tacoma, WA 98402 253-591-5163 hrhs@cityoftacoma.org This office responds to phone, walk-in and written inquiries (including e-mail) about the Washington State Landlord-Tenant Law from people who live or own property within Tacoma city limits. Phone hours: 8 a.m. – 5 p.m. Walk-in hours: Wednesdays, 9 a.m. – 1 p.m.
25	Fair Housing Center of Washington 1517 S. Fawcett, Suite 250 Tacoma, WA 98402 (253) 274-9523 www.fhcwashington.org Complaint investigation, advocacy, education, information and referral for tenants who have suffered from illegal housing discrimination: Protected classes under federal law include race, color, religion, sex, national origin, family status and disability. Washington State law expands these protections to include marital status, sexual orientation and military/veteran status.
26	City of Tacoma Human Rights & Human Services City of Tacoma Human Rights and Human Services Department 747 Market Street, Room 836 Tacoma, WA 98402 253-591-5151 (voice) 253-591-5153 (TTY) hrhs@cityoftacoma.org Deaf, hard of hearing or speech disabled persons may contact us through Washington Relay Services 1-800-833-6388 (TTY or ASCII) 1-800-833-6386 (VCO) or 1-877-833-6341 (STS) Investigates and resolves complaints alleging discrimination in housing which violate the Law against Discrimination, Chapter 1.29 of the Official code of the City of Tacoma, as amended, and the Federal Fair housing Act. In addition to the protected classes under federal and state law, age discrimination in housing is illegal in the City of Tacoma.
27	Legal information, forms, Internet access Pierce County Law Library 930 Tacoma Ave. S., 1^st Floor Tacoma, WA 98402 (253) 798-7494 www.pclawlibrary.org The law library is conveniently located on the first floor of the courthouse and is an excellent resource for people representing themselves and anyone who needs access to practical legal information. If you do not have Internet access at home, the law library is a good place to go to get help finding legal information and forms which may be available on the Internet (www.washingtonlawhelp.org, www.tacomaprobono.org, for example).
28	Can I get free translation services to help me use these resources? Free translation services and/or bilingual staff are available when calling CLEAR and the Lakewood Pro Bono Clinic. The materials on www.washingtonlawhelp.org are available in translation in a wide variety of languages. Free translation is provided but advance notice is required for translation services for the Housing Justice Project and all other Volunteer Legal Services clinics and volunteer attorney appointments.
29	Mediation/Alternative Dispute Resolution Pierce County Center for Dispute Resolution 738 Broadway, Suite 400 Tacoma, WA 98405 253-572-3657 253-572-3579 e-mail: clientservices@pccdr.org, website: www.pccdr.org The Center for Dispute Resolution uses a sliding scale and can help you reach agreement on some or all of the issues in your case outside the formal court system. Services include private landlord-tenant, property, neighborhood and small claims issues (mediation is required for all small claims cases).
30	Mediation/Alternative Dispute Resolution Office of the Attorney General, Mobile Home Division 1-866-924-6458, e-mail: MHDR@atg.wa.gov, website: http://www.atg.wa.gov/MHDR.aspx Mail: Manufactured Housing Dispute Resolution Attorney General’s Office 800 Fifth Avenue, Suite 2000 Seattle, WA 98104 The Attorney General’s office accepts and mediates complaints from mobile home owners renting space for their homes. Homeowners and landlords may file a request for dispute resolution if they believe that there may be a violation of their rights under the Mobile Home Landlord-Tenant Act. The Attorney General’s Office will negotiate with opposing parties, determine whether further investigation is needed, decide whether a violation has occurred and issue fines and other penalties when appropriate.
31	Internet Resources www.washingtonlawhelp.org – Northwest Justice Project website containing comprehensive legal information and current forms on a wide variety of topics. Click on the ‘Housing’ button for detailed information for tenants on eviction, repairs, deposits, public housing issues and much more. Most materials available in a wide variety of languages. www.tacomaprobono.org – Website for the Tacoma-Pierce County Bar Association’s Volunteer Legal Services Program. Go to the ‘Housing Justice Project’ page on this site to see basic information for tenants on rights and responsibilities under the Residential Landlord-Tenant Act, look up landlord-tenant resources for Pierce County, find forms, and get more information about low-income legal services. www.tenantsunion.org – The Tenants’ Union in Seattle has excellent information on tenant rights and responsibilities and many other resources, including a tenants hotline. www.co.pierce.wa.us/pc/abtus/ourorg/supct/abtussup.htm – Website for Pierce County Superior Court. You can look up your case, check court calendars and look up Pierce County local rules. www.atg.wa.gov/Landlord-Tenant.aspx -- Information on the Residential Landlord-Tenant Act and Mobile Home Landlord-Tenant Act, other services available through the Office of the Attorney General. www.courts.wa.gov – The official State of Washington website for courts, good source for all forms and instructions and Washington law.
32	credits This presentation was developed and produced by the following organizations with funding from the Tacoma-Pierce County Bar Foundation: Tacoma-Pierce County Bar Association Volunteer Legal Services Program Tacoma-Pierce County Housing Justice Project Northwest Justice Project Tacoma office Fair Housing Center of Washington City of Tacoma Human Rights & Human Services Pierce County Center for Dispute Resolution
33	Disclaimer The presentation is intended to be used for informational purposes only and is not meant to be a substitute for the advice of an attorney. If you have a legal problem you should consult with an attorney about the specifics of your situation.