Living in unsafe conditions in Whatcom County? You could get your rent reduced

Ever heard of the warranty of habitability?

It applies to renters in Whatcom County — and across Washington state — who may be living in substandard housing.

The warranty of habitability is a legal requirement that ensures renters are guaranteed a safe place to live.

The law, RCW 59.18.060, states that landlords must maintain the living space “to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation.”

The law varies slightly depending on whether the unit is a single-family residence or a multi-family complex.

But, generally, it states that landlords must keep up their properties by:

▪ Maintaining structural integrity.

▪ Supplying adequate locking systems and keys.

▪ Maintaining weather-tight conditions.

▪ Reasonably mitigating infestations.

▪ Maintaining all electrical, plumbing and heating systems.

▪ Arranging for reasonable removal of waste.

▪ Providing facilities adequate to supply heat, water and hot water.

▪ Equipping the unit with smoke detection devices.

▪ Providing tenants with information about the risks of mold exposure and how to minimize mold growth.

So what does this mean for renters?

If a landlord doesn’t provide these things or make necessary fixes, a renter may be entitled to receive a partial or full rent reduction during the period of time the home was uninhabitable.

It is not recommended that renters withhold rent payments, according to the nonprofit Northwest Justice Project, which provides free civil legal services to low-income people in Washington.

However, if a renter believes the needed repairs are bad enough, they can sue their landlord for already paid rent and future rent.

These are things renters can use to prove landlords have not maintained habitability, according to Northwest Justice Project:

▪ Housing code inspectors’ reports and testimony.

▪ Photos.

▪ A witness to testify about local rental values and what the rental unit is actually worth with the defects.

▪ Testimony from someone with experience in property valuation such as a building inspector, housing authority employee or real estate agent.

Do you have a story to tell about renting, buying or building Whatcom County housing? Reporters Rachel Showalter and Robert Mittendorf invite your comments at newsroom@bellinghamherald.com.