Wash. Rev. Code § 59.18 § 59.18.250
Reprisals or retaliatory actions by landlord -- Presumptions -- Rebuttal -- Costs.
Operative Text
Initiation by the landlord of any action listed in RCW 59.18.240 within ninety days after a good faith and lawful act by the tenant as enumerated in RCW 59.18.240 , or within ninety days after any inspection or proceeding of a governmental agency resulting from such act, shall create a rebuttable presumption affecting the burden of proof, that the action is a reprisal or retaliatory action against the tenant: PROVIDED, That if at the time the landlord gives notice of termination of tenancy pursuant to chapter 59.12 RCW the tenant is in arrears in rent or in breach of any other lease or rental obligation, there is a rebuttable presumption affecting the burden of proof that the landlord's action is neither a reprisal nor retaliatory action against the tenant: PROVIDED FURTHER, That if the court finds that the tenant made a complaint or report to a governmental authority within ninety days after notice of a proposed increase in rent or other action in good faith by the landlord, there is a rebuttable presumption that the complaint or report was not made in good faith: PROVIDED FURTHER, That no presumption against the landlord shall arise under this section, with respect to an increase in rent, if the landlord, in a notice to the tenant of increase in rent, specifies reasonable grounds for said increase, which grounds may include a substantial increase in market value due to remedial action under this chapter: PROVIDED FURTHER, That the presumption of retaliation, with respect to an eviction, may be rebutted by evidence that it is not practical to make necessary repairs while the tenant remains in occupancy. In any action or eviction proceeding where the tenant prevails upon his or her claim or defense that the landlord has violated this section, the tenant shall be entitled to recover his or her costs of suit or arbitration, including a reasonable attorney's fee, and where the landlord prevails upon his or her claim he or she shall be entitled to recover his or her costs of suit or arbitration, including a reasonable attorney's fee: PROVIDED FURTHER, That neither party may recover attorney's fees to the extent that their legal services are provided at no cost to them.
Under Washington's Residential Landlord-Tenant Act, § 59.18.250, when a landlord takes certain adverse actions—such as raising rent, reducing services, or initiating eviction—within ninety days of a tenant's protected activity (like reporting a housing code violation), the law presumes that action is retaliatory. That presumption can be rebutted by either side under specific circumstances, such as evidence that the tenant was already behind on rent or that repairs cannot practically be made while the tenant remains in the unit. Whichever party prevails in a legal or arbitration proceeding over a retaliation claim may recover court costs and reasonable attorney's fees, except to the extent legal services were provided at no charge.
Plain English — not legal advice.
Property owners and managers operating under Washington's Residential Landlord-Tenant Act should be aware that § 59.18.250 creates a rebuttable presumption of retaliation when adverse actions follow a tenant's protected activity within a ninety-day window. Compliant operators generally document legitimate, independent business reasons—such as market-rate rent adjustments with clearly stated grounds—before taking any action that could be perceived as responsive to a tenant complaint or government inspection. Keeping thorough records of maintenance timelines, rent-setting rationale, and lease-compliance history helps establish that any action taken was not retaliatory in nature.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Washington's § 59.18.250 gives tenants a legal presumption in their favor when a landlord takes adverse action within ninety days of a protected act, such as reporting unsafe conditions to a government agency. Tenants who believe they are experiencing retaliation may raise this presumption as a defense in eviction proceedings or as a claim in court or arbitration, and a prevailing tenant may be entitled to recover court costs and reasonable attorney's fees. Tenant-rights organizations in Washington can help individuals understand how this presumption works and what documentation may be relevant to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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