What are my rights as a tenant when dealing with a slumlord?

How do I know if my landlord is a “slumlord”?

There are many situations in which a landlord could refuse to maintain their building to livable standards. If your landlord is not maintaining the property, there is a chance the property could be legally classifiable as “untenantable,” or not fit for living. In these cases, your landlord could be considered a “slumlord,” and may be legally culpable. Some situations that might qualify your rental as legally “untenantable” are:

• Damaged or lack of structure to exterior surfaces, roof, walls, doors, floors, stairwells, porches or railings.

• Ineffective weather protection and waterproofing

• Ineffective heat, plumbing, or electrical

• Unsanitary conditions

• Infestation of vermin and rodents

• Lead paint

• Inadequate ventilation

• Insufficient sanitation

• Lack of potable water

• No kitchen sink

• Improper room and space dimensions

• Broken windows or doors

• Cracked foundations or floors, sagging ceilings or walls

What happens if my rental is classified as “untenantable”?

If your landlord has been notified by the state of the unlawful nature of their property, and they knowingly rented it to you in that condition, the landlord may face legal consequences. Some of the consequences may include having to repay any rental deposits, repay rent payments, or pay for relocation costs, depending on the situation. 

If the property has degraded into a condition considered “untenantable” while you are living there, and the landlord refuses to make improvements, you may be able to take legal action. 

What can I do?

• According to RCW 59.18.090 (the “Demised Premises Statute”): 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.

• Slumlord property classification is handled by the local city or county inspectors. File a complaint with your local government (or even news station) to ensure the property owner is held accountable.

• If you are being evicted: renters in WA state are entitled to a lawyer free of charge before a court may proceed with an eviction. Call the Eviction Defense Screening line from the NW Justice Project at 1-855-657-8387 or apply online if you think you may qualify. 

• While Funke Law Firm typically represents property owners and landlords, there are some cases in which we represent tenants. If you feel your unit is uninhabitable based upon serious structural or systems failures and your landlord has failed to fix the problem, you can contact us to see if Funke Law Firm would be a good fit for representation.