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RCW 59.18.090

Landlord's failure to remedy defective condition—Tenant's choice of actions.

Known as the Residential Landlord-Tenant Act

The act spans §§ 59–59 (94 sections).

Applied in 7 court decisions — leading case 103 Wash. 2d 542 - State v. Schwab (1985)

Most recently applied in 171 Wash. App. 157 - Landis & Landis Construction, LLC v. Nation (October 2012)

2010 c 8 s 19020; 1973 1st ex.s. c 207 s 9.

How often courts cite this section

1985199020002010201230
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.