What You Need to Know About Tenant Defenses to Eviction in Washington
Those who are evicted in Washington can often feel helpless against their landlord and may want to take their case to court. Here’s everything you need to know about defenses to evictions in Washington.
There are a series of defenses that tenants can use against evictions. If a landlord tries to force out a tenant, did not follow legal procedures during the eviction, did not make repairs to the rental unit, or discriminated against a tenant, defenses are easily available for eviction. The best defense will depend on the specific case.
Improper Eviction Procedures Defense
Landlords may only remove their tenants from units when they receive a court order authorizing the eviction. There are multiple procedures that landlords must follow during the eviction process.
In virtually every eviction case, the landlord must serve the tenant with a notice before filing a lawsuit against them. This means that if a landlord fails to serve a notice, the tenant can use their failure as a reason to get the case dismissed in court. However, the landlord can restart the process and file a notice and a following lawsuit after the original case is dismissed.
According to Washington law, landlords must provide tenants with a 3-day written notice to pay or vacate if the tenant has failed to pay rent. This means that the tenant will have 3 days to either pay the rent that is due or move out of the premises. In cases where the tenant broke a rule in the lease or agreement, landlords must serve a 10-day notice to fix the issue or vacate.
Related: Washington Eviction Laws & Process: Updated 2023
Third-Party Repairs Defense
Landlords in Washington have a legal obligation to keep the premises habitable for tenants. If tenants notice a safety issue with the unit, they must notify the landlord to fix them. Then, the landlord will have up to 10 days to make any necessary repairs.
If the landlord fails to make repairs within 10 days of receiving notice of the hazards, the tenant may hire a professional third party to make the repairs. The tenant may then deduct the cost of repairs from their rent according to Washington law.
Landlords may not evict tenants for incomplete rent if the above situation applies to them. If a landlord files an eviction lawsuit against their tenant because they deducted the costs of the third-party repair from rent, the case can be dismissed.
When making repairs by a third party, tenants should keep records and evidence of the repairs being made. This evidence can include photos, videos, correspondence between the third party and the tenants, as well as billings. Tenants should also keep proof that the landlord did not make the necessary repairs within 10 days of receiving notice.
Forced-out Tenant Defense
Washington law asserts that it is illegal for a landlord to intentionally halt a tenant’s utilities. This means that if a landlord tried to force a tenant out by turning off the heat or cooling, water, gas, or other utilities, they would be breaking the law. Any tenants that are victimized by these actions are entitled to damages of up to $100 for each day the landlord intentionally terminates utilities as well as payments for attorney fees.
Discrimination defense
Federal law prohibits landlords to discriminate against tenants based on the following:
- Race
- Color
- Sex
- Gender
- Religion
- National origin
- Family status
- Disability
Related: How to File and Serve an Unlawful Detainer in Washington
If a tenant feels they are being discriminated against by their landlord during the eviction process, they may use it as a defense in court. However, discrimination can be a difficult defense to execute if there is not an abundance of evidence in the tenant’s favor.
FAQs About Eviction Defenses in Washington
How long does the eviction process take?
If a tenant does not vacate after a notice is served, the eviction process will typically last 3 weeks.
Do notices have to be served in person?
No. While Washington landlords typically opt to give eviction notices personally, they may also leave them on the unit door.
Do I have to pay rent even if my landlord has not made the necessary repairs to my unit?
Yes. Washington law does not allow tenants to hold out on paying rent even if their landlord has not made repairs to their unit.
What if my landlord locks me out of the unit?
It is illegal for landlords to change the locks or lock a tenant out of their unit. If a tenant finds themselves locked out, they should contact their landlord, the police, or other authorities.
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