Most places, including Washington, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
Washington Implied Warranty of Habitability
In Washington, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Washington
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Washer & Dryer | No | Only If Provided |
| Smoke/CO Detectors | Yes | Smoke Only |
| Window Coverings | Only Weatherproofing | Only Weatherproofing |
| Light Fixtures | No | Only If Provided |
| Landscaping | No | No |
| Garbage Removal | Only Multi-Family Residences | Only If Provided |
| Garbage Pickup | Only Multi-Family Residences | Only If Provided |
| Mold | N/A | Yes |
| Pest Control | Yes | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in Washington
Washington landlords must provide heating for rental properties. They don’t have to provide air conditioning, but they do have to maintain it if it’s provided.
Are Landlords Required to Provide Air Filter Replacements in Washington?
Washington landlords don’t have to replace things like air filters, unless required heating equipment or other provided appliances won’t work otherwise.
Landlord Responsibilities for Plumbing in Washington
Washington landlords must keep plumbing in reasonable working condition, although the renter is usually equally responsible for using the plumbing in a reasonable and sanitary way that doesn’t cause damage.
Are Landlords Required To Provide Hot Water in Washington?
Washington landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Washington?
Washington landlords must fix clogs that keep the plumbing from being in reasonable working condition.
Are Landlords in Washington Responsible for Fixing Leaks?
Washington landlords must fix leaks that keep the plumbing from being in reasonable working condition.
Landlord Responsibilities for Kitchen Appliances in Washington
Washington landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. However, if provided, it’s the landlord’s duty to keep such appliances in good working order.
Landlord Responsibilities for Electrical Issues in Washington
Washington landlords are responsible for making sure there are no electrical issues that endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in Washington?
Washington landlords are not responsible for replacing light bulbs or particular light fixtures, except as needed to maintain provided appliances.
Landlord Responsibilities for Garbage Removal in Washington
Washington landlords must provide and maintain outside garbage containers and garbage removal services, except for single-family residences.
Landlord Responsibilities for Landscaping in Washington
Washington landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Washington
Washington landlords are responsible for most mold issues. They must provide state-approved information to tenants about various topics related to preventing mold growth (although they aren’t civilly liable for unintentional failure to do so), and must fix any mold issues that weren’t caused by the tenant’s lack of ordinary care.
Landlord Responsibilities Regarding Pests in Washington
Washington landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants. They must provide a reasonable program of pest control when a tenancy begins, and must generally control infestations that occur afterward.
Landlord Responsibilities for Windows & Window Coverings in Washington
Washington landlords are responsible for providing properly weatherproofed windows. The law doesn’t require any particular type of window or window covering, but windows do have to be safe and weather-resistant.
Landlord Responsibilities Regarding Safety Devices in Washington
Washington landlords are responsible for ensuring smoke alarms and carbon monoxide (CO) detectors are installed at the beginning of a tenancy. Afterward, it’s the landlord’s duty to maintain smoke alarms as a provided appliance, and it’s the tenant’s duty to maintain CO detectors.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Washington?
Washington landlords have no specific responsibility to replace safety device batteries. The law is unclear on smoke alarms, but the tenant is specifically responsible for batteries in CO detectors.
Landlord Responsibilities for Doors & Locks in Washington
Washington landlords are responsible for ensuring reasonably secure locks and keys on rental property.
Landlord Responsibilities for Washers and Dryers in Washington
Washington landlords are not required to furnish their rental properties with a working washer and dryer. However, if provided, it’s the landlord’s duty to keep such appliances in good working order.
Renter’s Rights for Repairs in Washington
Washington renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue in writing. The landlord gets 1-10 days after notice to begin repairs, depending on specifics.
If the landlord doesn’t begin good-faith repairs within the required time, the renter can end the rental agreement, ask a court to order repairs or compensation, or repair and deduct for lesser repairs. The renter isn’t allowed to withhold rent without a court process.
Sources
- 1 Rev. Code Wa. § 59.18.230(2)(a) (2022)
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“No rental agreement may provide that the tenant agrees to waive or to forgo rights or remedies under this chapter.”
Source Link - 2 Rev. Code Wa. § 59.18.360 (2022)
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Despite the explicit provisions of section 59.18.230 [no waiver of legal protections allowed], Washington does allow extremely limited case-by-case exceptions. These exceptions are beyond the scope of this article as they require specific certification by the government or by an attorney who is representing the tenant in lease negotiations. In other words, if there is an applicable exception, tenants will know about it before they sign a lease to begin with and it will be certified as such by a competent authority. See Rev. Code Wa. § 59.18.360 (2022) (“A landlord and tenant may agree, in writing, to exempt themselves from the provisions of RCW 59.18.060 [landlord duties], 59.18.100 [tenant repair rights], 59.18.110 [repairs following court order], 59.18.120 [termination of tenancy following court order], 59.18.130 [tenant duties], and 59.18.190 [60-day limit on landlord notices of tenant violation] if the following conditions have been met”)
Source Link - 3 Rev. Code Wa. § 59.18.060(1) - (3) (2022)
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“The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular: (1) Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition endangers or impairs the health or safety of the tenant; (2) Maintain the structural components including, but not limited to, the roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural components, in reasonably good repair so as to be usable; (3) Keep any shared or common areas reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident.”
Source Link - 4 Rev. Code Wa. § 59.18.060(8) - (11) (2022)
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“The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular: (8) Maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him or her in reasonably good working order; (9) Maintain the dwelling unit in reasonably weathertight condition; (10) Except in the case of a single-family residence, provide and maintain appropriate receptacles in common areas for the removal of ashes, rubbish, and garbage, incidental to the occupancy and arrange for the reasonable and regular removal of such waste; (11) Provide facilities adequate to supply heat and water and hot water as reasonably required by the tenant.”
Source Link - 5 Rev. Code Wa. § 59.18.060 (2022)
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“No duty shall devolve upon the landlord to repair a defective condition under this section [59.18.060, landlord’s duties], nor shall any defense or remedy be available to the tenant under this chapter, where the defective condition complained of was caused by the conduct of such tenant, his or her family, invitee, or other person acting under his or her control, or where a tenant unreasonably fails to allow the landlord access to the property for purposes of repair. When the duty imposed by subsection (1) of this section is incompatible with and greater than the duty imposed by any other provisions of this section, the landlord’s duty shall be determined pursuant to subsection (1) of this section.”
Source Link - 6 Rev. Code Wa. § 59.18.060(13) (2022)
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“The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular provide tenants with information provided or approved by the department of health about the health hazards associated with exposure to indoor mold. Information may be provided in written format individually to each tenant, or may be posted in a visible, public location at the dwelling unit property. The information must detail how tenants can control mold growth in their dwelling units to minimize the health risks associated with indoor mold. Landlords may obtain the information from the department’s website or, if requested by the landlord, the department must mail the information to the landlord in a printed format. When developing or changing the information, the department of health must include representatives of landlords in the development process. The information must be provided by the landlord to new tenants at the time the lease or rental agreement is signed.”
Source Link - 7 Rev. Code Wa. § 59.18.060(14) (2022)
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“The landlord and his or her agents and employees are immune from civil liability for failure to comply with subsection (13) of this section except where the landlord and his or her agents and employees knowingly and intentionally do not comply with subsection (13) of this section.”
Source Link - 8 Rev. Code Wa. § 59.18.060(4) - (7) (2022)
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“The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular: (4) Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single-family residence, control infestation during tenancy except where such infestation is caused by the tenant; (5) Except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as it by law or rental agreement should have been, at the commencement of the tenancy; (6) Provide reasonably adequate locks and furnish keys to the tenant; (7) Maintain and safeguard with reasonable care any master key or duplicate keys to the dwelling unit.”
Source Link - 9 Rev. Code Wa. § 59.18.060(12) (2022)
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“The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular: (a) Provide a written notice to all tenants disclosing fire safety and protection information. The landlord or his or her authorized agent must provide a written notice to the tenant that the dwelling unit is equipped with a smoke detection device as required in RCW 43.44.110. The notice shall inform the tenant of the tenant’s responsibility to maintain the smoke detection device in proper operating condition and of penalties for failure to comply with the provisions of RCW 43.44.110(3). The notice must be signed by the landlord or the landlord’s authorized agent and tenant with copies provided to both parties. Further, except with respect to a single-family residence, the written notice must also disclose the following: (i) Whether the smoke detection device is hard-wired or battery operated; (ii) Whether the building has a fire sprinkler system; (iii) Whether the building has a fire alarm system; (iv) Whether the building has a smoking policy, and what that policy is; (v) Whether the building has an emergency notification plan for the occupants and, if so, provide a copy to the occupants; (vi) Whether the building has an emergency relocation plan for the occupants and, if so, provide a copy to the occupants; and (vii) Whether the building has an emergency evacuation plan for the occupants and, if so, provide a copy to the occupants. (b) The information required under this subsection may be provided to a tenant in a multifamily residential building either as a written notice or as a checklist that discloses whether the building has fire safety and protection devices and systems. The checklist shall include a diagram showing the emergency evacuation routes for the occupants. (c) The written notice or checklist must be provided to new tenants at the time the lease or rental agreement is signed.”
Source Link - 10 Rev. Code Wa. § 19.27.530(1) (2022)
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“By July 1, 2010, the building code council shall adopt rules requiring that all buildings classified as residential occupancies, as defined in the state building code in chapter 51-54 WAC, but excluding owner-occupied single-family residences legally occupied before July 26, 2009, be equipped with carbon monoxide alarms.”
Source Link - 11 2018 Int’l Fire Code § 907.8.5 (2018)
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Maintenance of fire safety systems is usually the landlord’s responsibility under the International Building Code which Washington incorporates, e.g., 2018 Int’l Fire Code § 907.8.5 (2018) (“The building owner shall be responsible to maintain the fire and life safety systems in an operable condition at all times.”). However, Washington makes the tenant explicitly responsible for maintenance of CO detectors:
“The rules adopted by the building code council under this section must (a) consider applicable nationally accepted standards and (b) require that the maintenance of a carbon monoxide alarm in a building where a tenancy exists, including the replacement of batteries, is the responsibility of the tenant, who shall maintain the alarm as specified by the manufacturer.” Rev. Code Wa. § 19.27.530(1) (2022)
Source Link - 12 Rev. Code Wa. § 59.18.070 (2022)
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“If at any time during the tenancy the landlord fails to carry out the duties required by RCW 59.18.060 [landlord’s duty to maintain the property] or by the rental agreement, the tenant may, in addition to pursuit of remedies otherwise provided him or her by law, deliver written notice to the person designated in RCW 59.18.060(14) [authorized agent of landlord; actually subsection (15) after an amendment to the law], or to the person who collects the rent, which notice shall specify the premises involved, the name of the owner, if known, and the nature of the defective condition. The landlord shall commence remedial action after receipt of such notice by the tenant as soon as possible but not later than the following time periods, except where circumstances are beyond the landlord’s control: (1) Not more than twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat, or electricity, or is imminently hazardous to life; (2) Not more than seventy-two hours, where the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord; and (3) Not more than ten days in all other cases. In each instance the burden shall be on the landlord to see that remedial work under this section is completed promptly. If completion is delayed due to circumstances beyond the landlord’s control, including the unavailability of financing, the landlord shall remedy the defective condition as soon as possible.”
Source Link - 13 Rev. Code Wa. § 59.18.090 (2022)
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“If, after receipt of written notice, and expiration of the applicable period of time, as provided in RCW 59.18.070, the landlord fails to remedy the defective condition within a reasonable time the tenant may: (1) Terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement, in which case he or she shall be discharged from payment of rent for any period following the quitting date, and shall be entitled to a pro rata refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with RCW 59.18.280; (2) Bring an action in an appropriate court, or at arbitration if so agreed, for any remedy provided under this chapter or otherwise provided by law; or (3) Pursue other remedies available under this chapter.”
Source Link - 14 Rev. Code Wa. § 59.18.100(1) (2022)
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“If, at any time during the tenancy, the landlord fails to carry out any of the duties imposed by RCW 59.18.060, and notice of the defect is given to the landlord pursuant to RCW 59.18.070, the tenant may submit to the landlord or his or her designated agent by first-class mail or in person a good faith estimate by the tenant of the cost to perform the repairs necessary to correct the defective condition if the repair is to be done by licensed or registered persons, or if no licensing or registration requirement applies to the type of work to be performed, the cost if the repair is to be done by responsible persons capable of performing such repairs. Such estimate may be submitted to the landlord at the same time as notice is given pursuant to RCW 59.18.070. The remedy provided in this section shall not be available for a landlord’s failure to carry out the duties in *RCW 59.18.060 (9) and (14). If the tenant utilizes this section for repairs pursuant to RCW 59.18.060(6), the tenant shall promptly provide the landlord with a key to any new or replaced locks. The amount the tenant may deduct from the rent may vary from the estimate, but cannot exceed the two-month limit as described in subsection (2) of this section.”
Source Link - 15 Rev. Code Wa. § 59.18.100(2) (2022)
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“If the landlord fails to commence remedial action of the defective condition within the applicable time period after receipt of notice and the estimate from the tenant, the tenant may contract with a licensed or registered person, or with a responsible person capable of performing the repair if no license or registration is required, to make the repair. Upon the completion of the repair and an opportunity for inspection by the landlord or his or her designated agent, the tenant may deduct the cost of repair from the rent in an amount not to exceed the sum expressed in dollars representing two month’s rental of the tenant’s unit per repair. When the landlord must commence to remedy the defective condition within ten days as provided in RCW 59.18.070(3), the tenant cannot contract for repairs for ten days after notice or two days after the landlord receives the estimate, whichever is later. The total costs of repairs deducted in any twelve-month period under this subsection shall not exceed the sum expressed in dollars representing two month’s rental of the tenant’s unit.”
Source Link - 16 Rev. Code Wa. § 59.18.100(3) (2022)
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“If the landlord fails to carry out the duties imposed by RCW 59.18.060 within the applicable time period, and if the cost of repair does not exceed one month’s rent, including the cost of materials and labor, which shall be computed at the prevailing rate in the community for the performance of such work, and if repair of the condition need not by law be performed only by licensed or registered persons, and if the tenant has given notice under RCW 59.18.070, although no estimate shall be necessary under this subsection, the tenant may repair the defective condition in a workmanlike manner and upon completion of the repair and an opportunity for inspection, the tenant may deduct the cost of repair from the rent. Repairs under this subsection are limited to defects within the leased premises. The cost per repair shall not exceed one month’s rent of the unit and the total costs of repairs deducted in any twelve-month period under this subsection shall not exceed one month’s rent of the unit.”
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