State Specific Question About: WASHINGTON (WA)

if she's just deducting for cost of parts, and they did it right, you got cheap labor...

if it were me, i'd make her pay the rent and write her a separate check for the door and get all receipts from her.

Bunch of crap. First, a "stranger" didn't try to kick in the door -- she knows exactly who did it. More likely, it was during some fight that they were having and someone took it out on the door after it was slammed in their face.

Second, as sr said -- what exactly are they stating as the amount?

Third, NONE of this would be deductible from the rent in Michigan. I don't know WA law, but here, a tenant could NOT just "deduct it from the rent". It doesn't work that way. Tenant should have informed you of the damage immediately so that you could have it fixed. After it was fixed, then you could worry about who was to pay for it. I don't see how it could be YOUR fault that someone tried to kick in their door -- regardless of if they will admit to knowing the person or not. The door to their place was damaged -- they pay for it. Period.

Finally, in the end, if you really want to pay for it and are fine with the amount, then do what sr said: give them a check for the door and make sure they pay their rent in full. Do NOT go for the "I deducted it from the rent" garbage.

- John...

No it was a stranger ...drunk guy with history and the cops arrested him in the alley....known fact...verified.

she is deducting labor and parts but i ask her if it was a safety issue and she told me no. The door still locked but you had to use the key outside. she was concerned about the deadbolt where it goes into the jam cause it was damage -- so we were going to put a plate on it but she had "friend" repair it first.

Ditto what John said.

If they arrested him in the alley, has he been charged with destruction of property? Shouldn't they be looking to him for payment of said damages?

In any case, what I said above still applies. Do not let her deduct it. And reimburse her only for what she provides receipts for if that is what you plan to do.

- John...

I don't know Washington, but in some states, a tenant is legally entitled to deduct repair costs from rent IF tenant has demanded repairs in writing, landlord has failed to make the repairs in a statute-specified number of days, and tenant then makes the repairs.

But tenant NEVER has the right to simply make non-emergency repairs, tell Landlord about it after the fact, and then deduct the cost.

That being said, I do allow one of my tenants to make repairs, after clearing it with me. Free labor to me. And he is a very good handiman -- works in building maintenance department of a major hotel resort.

I have never bothered to do the separate check thing others have advised. I let him deduct from rent, with receipt. It doesn't matter to me if he deducts it from rent (lowering my rental income) or if he pays me the full rent and I reimburse him for the parts (equivalent increase in my repair deductions). It is all the same in the end.

The short answer is that they can't do this in WA without notifying you in writing first and without you ignoring their request. The long answer is below.

If the Rental Needs Repairs

Required Notice

When something in the rental unit needs to be repaired, the first step is for the tenant to give written notice of the problem to the landlord or person who collects the rent.

The notice must include the address and apartment number of the rental, the name of the owner, if known, and a description of the problem. It's a good idea to deliver the notice personally, or to use certified mail and get a return receipt from the post office.

After giving notice, the tenant must wait the required time for the landlord to begin making repairs. Those required waiting times are:

24 hours for no hot or cold water, heat, or electricity, or for a condition which is imminently hazardous to life;

72 hours for repair of refrigerator, range and oven, or a major plumbing fixture supplied by landlord;

10 days for all other repairs.

While not required to finish the repairs in these time frames, the landlord must see that repairs are completed promptly, and if completion is delayed due to circumstances beyond the landlord’s control, the condition must be repaired as soon as possible.

Tenant's Options

If repairs are not started within the required time and the tenant is paid up in rent and utilities, the following options can be used:

The tenant can move out. After waiting the required time, the law allows tenants to give written notice to the landlord and move out immediately. Tenants do not have to pay rent for any period following the date of moving out and are entitled to a prorated refund of their rent, as well as the deposits they would normally get back.

Litigation or arbitration can be used to work out the dispute. A tenant can hire an attorney and go to court to force the landlord to make repairs. (These kinds of suits cannot be brought in Small Claims Court.) Or, if the landlord agrees, the dispute can be decided by an arbitration service. Arbitration is usually less costly and quicker than going to court.

The tenant can hire someone to make the repairs. In many cases the tenant can have the work done and then deduct the cost from the rent, (This procedure cannot be used to force a landlord to provide adequate garbage cans):

Before having any repairs made by any person capable of doing the work, including a licensed or registered tradesperson if one is required, the tenant must submit a good-faith estimate to the landlord. To speed up the repair process, the estimate can be given to the landlord along with the original written notice of the problem.

When the required waiting period has ended and the landlord has not begun repairs, the tenant can contract with the lowest bidder to have the work done.

An Important Note: If the repair is one that has a 10-day waiting period, you cannot contract to have the work done until 10 days after the landlord receives notice, or five days after the landlord receives the estimate, whichever is later.

After the work is completed, the tenant pays the repair person and deducts the cost from the rent payment. The landlord must be given the opportunity to inspect the work.

There are limits on the cost of repairs which can be deducted. If a tenant contracts the repair work out to a licensed or registered person, or to a responsible person if no other license is required, then the total cost of repairs that may be deducted in this category is no more than one month's rent per each repair, and no more than two months rent in any 12 month period.

If a large repair that affects a number of tenants needs to be made, the tenants can join together, follow the proper procedure, and have the work done. Then each can deduct a portion of the cost from their rent. If tenants wish to do this, they should all join in the written notice to repair and should all wait the required time period.

Remember: a tenant must be current in rent and utilities payments to use this procedure.

The tenant can make the repairs and deduct the cost from the rent, if the work does not require a licensed or registered tradesperson. The tenant must give the landlord proper notice of the problem as outlined on pages 10 and 11. Then, if the landlord does not begin repairs within the required time, the tenant can make the repairs. The cost of materials and labor can be deducted from the rent.

To use this procedure, the cost of the repairs cannot be more than half a month's rent. And within any 12-month period, the tenant can only deduct a total of one month's rent.

The landlord must be given the chance to inspect the repairs. Work must be properly done and meet local codes. The tenant could be held responsible for inadequate repair work.

Rent in Escrow. After notice of defective conditions, and after appropriate government certification of defect, and waiting periods have passed, then tenants may place their monthly rent payments in an escrow account. This procedure is very technical and cannot be described in full here. For copies of the law (RCW 59.18.115), write to the Code Revisor's Office, or consult your attorney.

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