No heat in your WA rental? State law says landlords must respond quickly. How it works

While a bit later than most winters in Washington, the 2023-24 season has picked up its pace to bring bitter conditions across the Evergreen State.

Eastern Washington is seeing temperatures in the single digits over the next week, and western Washington is under its first blizzard warning in over a decade.

It’s not over yet, either, with NWS ordering a Wind Chill Warning in Tri-Cities through Jan. 14.

With harsh weather comes harsh living conditions. You have to make sure your home is prepared for winter storms, prevent disasters and remain comfortable, all without spending too much.

The upside is that renters in Washington state are guaranteed certain necessities year-round, even through extreme weather conditions.

WA cold weather renter protections

When a rental agreement is signed, both the landlord and the tenant agree to certain responsibilities. In Washington, the landlord is required to provide basic necessities, upkeep and repairs, and reasonable notices, as outlined in the Revised Code of Washington.

It is worth noting that these guidelines do not apply to renters of mobile home spaces that do not also rent a mobile home. There are separate guidelines for such cases. Most people who rent both a space and a home are covered.

Basic necessities include:

• Hot and cold water
• Heat
• Electricity
• Adequate locks
• Reasonably weathertight conditions

While tenants are responsible for caring for the property and its appliances, repairs fall to the landlord if damage is caused by weather, “acts of God” or an unknown third party. For example, the tenant would be responsible for fixing a hot water heater that was negligently damaged by anyone in the household or their guests. But if a heater is damaged by a storm, or stolen in a random robbery, the landlord would be responsible for replacing it.

When these issues fall to the landlord, they are legally required to respond in a timely manner. You should notify your landlord in writing immediately. Once notified of an issue, landlords have to begin repairs within:

• 24 hours for lost heat, water, electricity
• 24 hours for a problem that is “imminently hazardous to life”
• 72 hours for major plumbing fixtures or other major appliances if supplied by the landlord
• 10 days for other repairs

This does not mean the problem has to be resolved in that time. If the repairs take an unreasonable amount of time to finish, you may be able to terminate the lease. Contact a lawyer or other professional about your situation to see how you should move forward.

How WA renters can respond

If a landlord fails to hold their end of the agreement, tenants have the right to:

• Terminate the rental agreement and move out after supplying written notice
• Initiate litigation or arbitration proceedings
• Make limited repairs themselves (or with hired help) and deduct the cost from their rent

However, conducting repairs and deducting and cost from your rent is easier said than done, as there are several parameters to consider.

It is important to stay up to date with your rent and other bills throughout any need for repairs. Even if your landlord fails to begin repairs in time, and you decide to terminate your lease, you should still pay your rent for that month in order to avoid any retaliation against you.

So long as you gave proper notice for the requested repair, and of intent to terminate your lease, your landlord will be required to pay back rent for days past your move-out. For example, you paid rent on the first, but had inadequate heating on the tenth that was not addressed within 24 hours of notice. You move out on the twelfth day of the month. Your landlord now owes you for each day remaining in the month following the 12th.

This story was originally published January 13, 2024 at 5:00 AM with the headline "No heat in your WA rental? State law says landlords must respond quickly. How it works."