Revised Code of Washington
Wash. Rev. Code § 59.18.400 (2026)
✓ current as of May 2026
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On or before the day fixed for his appearance the defendant may appear and answer. The defendant in his answer may assert any legal or equitable defense or set-off arising out of the tenancy. If the complaint alleges that the tenancy should be terminated because the defendant tenant, subtenant, sublessee, or resident engaged in drug-related activity, or allowed any other person to engage in drug-related activity at the rental premises with his or her knowledge or consent, no set-off shall be allowed as a defense to the complaint.
Notes:
Legislative findings—Severability—1988 c 150: See notes following RCW 59.18.130.
Notes of Decisions
Cited in 3
cases, 1980–2015 · leading case: Pham v. Corbett, 351 P.3d 214 (Wash. Ct. App. 2015).
Pham v. Corbett, 351 P.3d 214 (Wash. Ct. App. 2015). “” We reject Pham’s arguments and *827 hold that the Tenants are permitted to raise the defense of breach of warranty of habitability in this action.”
Stephanus v. Anderson, 613 P.2d 533 (Wash. Ct. App. 1980). “Equitable Defenses Anderson and Bussell next contend that retaliatory eviction is an equitable defense allowed by RCW 59.18.400 even if RCW 59.18.240 does not expressly prohibit the landlord's conduct in this case.”
Lang Pham v. Shawn Corbett (Wash. Ct. App. 2015). “70956-9-1/7 enables a tenant to "assert any legal or equitable defense or set-off arising out of the tenancy.”
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