The rental unit is subject to molds due to leakage. What do I do?

Full question:

I live in a rented apartment in Washington. The apartment has plumbing issues and due to the leaky pipes the place is infested with mould. I have informed my landlord about the situation but he has not done anything to rectify it. What can I do in the circumstances?

• Category: Landlord Tenant
• Subcategory: Repairs
• Date: 04/07/2025
• State: Washington

Answer:

It is the duty of the landlord to repair and maintain the premises in good and habitable condition. A written notice may be given by the tenant to the landlord to rectify the defects. If the landlord fails to remedy the defective condition within a reasonable time the tenant may may terminate the rental agreement and leave the premises upon written notice to the landlord without any further obligation. Tenant may also bring a suit against the landlord.

§58.18.090 of Annotated Revised Code for Washington lays down the choice of action a tent has if the landlord willfully or negligently fails to provide service. It reads:

“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.”
 

Per Annotated Revised Code of Washington §58.18.070:

“If at any time during the tenancy the landlord fails to carry out the duties required by RCW 59.18.060 or by the rental agreement, the tenant may, in addition to pursuit of remedies otherwise provided him or her by law, deliver written notice to the person designated in *RCW 59.18.060(14), or to the person who collects the rent, which notice shall specify the premises involved, the name of the owner, if known, and the nature of the defective condition. The landlord shall commence remedial action after receipt of such notice by the tenant as soon as possible but not later than the following time periods, except where circumstances are beyond the landlord's control:
     (1) Not more than twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat, or electricity, or is imminently hazardous to life;
     (2) Not more than seventy-two hours, where the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord; and
     (3) Not more than ten days in all other cases.
In each instance the burden shall be on the landlord to see that remedial work under this section is completed promptly. If completion is delayed due to circumstances beyond the landlord's control, including the unavailability of financing, the landlord shall remedy the defective condition as soon as possible.”