Tenant's Answer and Affirmative Defenses to Unlawful Detainer Complaint (Washington)

DEFENDANT TENANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS TO COMPLAINT FOR UNLAWFUL DETAINER

(Chapters 59.12 and 59.18 RCW)

EMERGENCY NOTICE TO TENANT: If you are reading this template after being served with a Summons and Complaint for Unlawful Detainer, CALL THE EVICTION DEFENSE SCREENING LINE AT (855) 657-8387 NOW. Under RCW 59.18.640 you may be entitled to a free court-appointed lawyer.

TABLE OF CONTENTS

1. Caption
2. Notice of Appearance and Demand for Pleadings
3. Answer to Specific Allegations
4. General Denial of Remaining Allegations
5. Affirmative Defenses
6. Counterclaims
7. Demand for Jury Trial
8. Reservation of Right to Amend
9. Prayer for Relief
10. Verification
11. Signature Block
12. Certificate of Service
13. Tenant's Practice Notes — Show-Cause Hearing Checklist
14. Sources and References

1. CAPTION

SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF [____________________]

Case No. [____________________]

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS

(Demand for Jury — RCW 4.40.060 / CR 38)

2. NOTICE OF APPEARANCE AND DEMAND FOR PLEADINGS

Defendant [TENANT NAME] ("Tenant") hereby:

(a) Appears in this action through [☐ counsel of record below; ☐ Pro Se];

(b) Demands that all further pleadings, papers, and notices be served on Tenant or Tenant's counsel at the address listed in the signature block below per CR 5; and

(c) Reserves all rights to demand court-appointed counsel under RCW 59.18.640 as an indigent tenant. Tenant has applied / will apply through the Office of Civil Legal Aid (https://ocla.wa.gov) and the Eviction Defense Screening Line (855) 657-8387.

3. ANSWER TO SPECIFIC ALLEGATIONS

In response to the numbered allegations of Plaintiff's Complaint for Unlawful Detainer, Tenant answers as follows:

3.1. Parties, Jurisdiction, and Venue

3.2. The Premises and Tenancy

3.3. Pre-Suit Notice and Just Cause

3.4. Cause of Action and Damages

4. GENERAL DENIAL OF REMAINING ALLEGATIONS

Tenant denies each and every allegation of the Complaint not specifically admitted above.

5. AFFIRMATIVE DEFENSES

By way of affirmative defense, and without conceding any burden of proof properly belonging to Plaintiff, Tenant alleges:

5.1. Defective Pre-Suit Notice (Form / Content / Service / Calculation)

The pre-suit notice attached to the Complaint as Exhibit B is fatally defective in one or more of the following respects:

• ☐ Fails to substantially conform to the statutory form required by RCW 59.18.057 (omits or alters the verbatim tenant-rights resource disclosures, the "TOTAL AMOUNT DUE" itemization, or the rent-only-applies language);
• ☐ Overstates the amount due (e.g., includes late fees, attorneys' fees, NSF charges, deposits, or non-rent items disguised as rent);
• ☐ Misapplies tenant payments contrary to RCW 59.18.063 (payments must be applied first to back rent in chronological order);
• ☐ Was not served by a method authorized by RCW 59.12.040 (or service was not in fact accomplished);
• ☐ Was served on a day or in a manner that does not give the tenant the full statutory notice period;
• ☐ Combines multiple incompatible notice forms (e.g., 14-day pay-or-vacate combined with 10-day cure-or-quit);
• ☐ Does not identify a valid just-cause ground under RCW 59.18.650(2);
• ☐ Other: [____].

A defective notice is a fatal jurisdictional defect, and the unlawful detainer action must be dismissed.

5.2. Tender / Cure / Partial Payment Accepted

Tenant tendered or paid the amount required by the notice on [__/__/____] in the amount of $[__________], which was [☐ accepted by the landlord and applied (waiver / cure); ☐ refused without lawful basis (cure preserved); ☐ partial-payment accepted as cure under landlord's course of conduct].

5.3. Breach of Warranty of Habitability — RCW 59.18.060–.090

Plaintiff has materially breached the warranty of habitability codified in RCW 59.18.060 by failing to:

• ☐ Maintain the structural components in good repair (roof, walls, floors, foundation);
• ☐ Maintain electrical, plumbing, heating, and other facilities and appliances in good and safe working order;
• ☐ Provide adequate heat, hot water, water, and weatherproofing;
• ☐ Keep common areas clean, sanitary, and reasonably free of rodents, insects, and other pests;
• ☐ Comply with applicable health, safety, building, and housing codes;
• ☐ Address mold conditions and provide required mold disclosures;
• ☐ Comply with smoke-detector / carbon-monoxide-detector requirements;
• ☐ Other: [____].

Specific defects and dates of notice to landlord: [list each defect, the date Tenant gave landlord notice, and any inspector or photographic evidence — Exhibits 1–N].

Tenant is entitled to rent abatement in proportion to the diminution in fair rental value, repair-and-deduct credits under RCW 59.18.100 (capped per statute), and dismissal of any nonpayment-based unlawful detainer to the extent past-due rent has been offset by abatement / repair-and-deduct.

5.4. Retaliation — RCW 59.18.240

This action is brought in retaliation for Tenant's good-faith assertion of RLTA rights, including:

• ☐ Complaining to a governmental authority (e.g., code enforcement, health department) about premises conditions on [__/__/____];
• ☐ Reporting failures of the landlord to substantially comply with RCW 59.18.060;
• ☐ Asserting rights under chapter 59.18 RCW (e.g., demand for repairs);
• ☐ Joining or organizing a tenant association;
• ☐ Other: [____].

The adverse action (this notice / unlawful detainer) was taken within 90 days of Tenant's protected activity, triggering the rebuttable presumption of retaliatory motive under RCW 59.18.240.

5.5. Self-Help Eviction — RCW 59.18.290

Plaintiff has engaged in unlawful self-help eviction by [☐ changing the locks; ☐ shutting off utilities; ☐ removing doors or windows; ☐ removing Tenant's belongings; ☐ threatening or coercing Tenant to vacate; ☐ other: ____]. Tenant is entitled to treble actual damages, attorneys' fees, and statutory damages under RCW 59.18.290(1), pleaded as a counterclaim below.

5.6. Discrimination — Fair Housing Act / WLAD / Reasonable Accommodation

Plaintiff has discriminated against Tenant on the basis of [☐ race; ☐ color; ☐ national origin; ☐ religion; ☐ sex; ☐ familial status; ☐ disability; ☐ source of income; ☐ sexual orientation; ☐ gender identity; ☐ veteran or military status; ☐ marital status; ☐ other protected status under RCW 49.60.222 or 42 U.S.C. § 3604] in violation of the Fair Housing Act and the Washington Law Against Discrimination.

In addition (or alternatively), Plaintiff has refused to grant a reasonable accommodation in the form of [☐ assistance animal; ☐ live-in caretaker; ☐ unit modification; ☐ payment plan; ☐ other: ____] required by 42 U.S.C. § 3604(f) and RCW 49.60.222(2)(c).

5.7. Lack of Just Cause — RCW 59.18.650

Plaintiff has failed to establish a valid just-cause ground for terminating the tenancy under RCW 59.18.650(2). Specifically:

• ☐ The cited ground does not match the facts;
• ☐ The notice period given is shorter than the statutory minimum for the cited ground;
• ☐ The notice fails to provide required factual support;
• ☐ The owner-occupancy ground (d) is asserted in bad faith — Plaintiff does not intend in good faith to occupy the premises as a principal residence (RCW 59.18.650(3));
• ☐ The sale ground (e) is asserted in bad faith — no bona-fide listing or buyer-occupancy intent;
• ☐ The substantial-rehabilitation ground (f) is asserted in bad faith — no permits or actual plan;
• ☐ Other: [____].

5.8. CARES Act — 30-Day Federal Notice

The Premises are a "covered dwelling" under 15 U.S.C. § 9058(a)(2) (federally backed mortgage / federal housing program participation). Plaintiff failed to provide the 30-day vacate notice required by 15 U.S.C. § 9058(c). The 14-day notice is therefore insufficient and the unlawful detainer must be dismissed.

5.9. Acceptance of Rent / Waiver / Estoppel

Plaintiff accepted rent or other tender on [__/__/____] after the alleged breach, which constitutes waiver of the breach and a defense to the unlawful detainer.

5.10. Security Deposit Setoff — RCW 59.18.260–.285

Plaintiff failed to (a) provide the move-in checklist required by RCW 59.18.260; (b) hold the deposit in a separate trust account; or (c) return the deposit / itemized statement within 30 days of any vacancy. The improperly retained deposit must be set off against any rent claimed.

5.11. Local-Ordinance Violation

[Seattle:] Plaintiff has failed to comply with SMC 22.206.160 (Just Cause Eviction Ordinance), failed to register the unit under SMC 22.214 (RRIO), failed to provide the 180-day rent-increase notice (SMC 7.24.030), or failed to provide EDRA where due. [Tacoma:] Plaintiff has violated TMC ch. 1.100 (Landlord Fairness Code) by [☐ proceeding during the cold-weather period (Nov 1 – Apr 1); ☐ proceeding during the school year against a household with school-age children; ☐ failing to provide the two-step rent-increase notice; ☐ failing to provide graduated relocation assistance; ☐ other: ____].

5.12. Pending Rental Assistance

Tenant has applied for rental assistance through [☐ 211 Washington; ☐ HEN/DSHS; ☐ Catholic Community Services; ☐ United Way; ☐ tribal program; ☐ other: ____] and a determination is pending. Tenant respectfully requests a continuance and stay of execution under the Court's equitable authority and RCW 59.18.410.

5.13. Failure to State a Claim — CR 12(b)(6)

The Complaint fails to state a claim upon which relief can be granted because [____].

5.14. Statute of Limitations / Laches

To the extent Plaintiff seeks rent that accrued more than [☐ six (6) years (RCW 4.16.040 — written contract); ☐ three (3) years (RCW 4.16.080 — oral)] before filing, the claim is barred. Delay between expiration of the notice period and filing of the action constitutes laches and waiver.

5.15. Improper Service of Summons — RCW 59.18.365 / CR 4

Plaintiff failed to serve the Summons in compliance with RCW 59.18.365 and CR 4 in that [☐ summons does not state a valid response deadline; ☐ summons does not include mandatory tenant-rights warnings and resource references; ☐ service was not accomplished or was defective; ☐ other: ____]. The Court should quash service and/or dismiss.

5.16. Reservation of Additional Defenses

Tenant reserves the right to assert additional defenses as discovery progresses, including those listed in CR 12(b) and CR 8(c).

6. COUNTERCLAIMS

Tenant counterclaims against Plaintiff as follows:

6.1. Self-Help Eviction Damages — RCW 59.18.290

Plaintiff's [☐ lockout; ☐ utility shutoff; ☐ removal of doors / windows; ☐ removal of belongings; ☐ other unlawful self-help] entitles Tenant to treble actual damages, costs, and reasonable attorneys' fees under RCW 59.18.290(1). Damages exceed $[__________].

6.2. Breach of Warranty of Habitability — Rent Abatement / Repair-and-Deduct

Tenant is entitled to past-rent abatement reflecting the diminished fair rental value during periods of breach (RCW 59.18.060–.090) and repair-and-deduct credits under RCW 59.18.100, in an amount not less than $[__________].

6.3. Retaliatory Eviction Damages — RCW 59.18.240

Tenant is entitled to actual damages, statutory damages, costs, and reasonable attorneys' fees for Plaintiff's retaliation in violation of RCW 59.18.240.

6.4. Security Deposit Recovery — RCW 59.18.260–.285

Tenant is entitled to return of the security deposit ($[__________]) plus statutory damages and attorneys' fees for non-compliance with the deposit-accounting and trust-account requirements.

6.5. Discrimination — RCW 49.60.222 / 42 U.S.C. § 3601 et seq.

Tenant is entitled to actual and emotional-distress damages, civil penalties, costs, and attorneys' fees for Plaintiff's discrimination and/or refusal to grant reasonable accommodation.

6.6. Local-Ordinance Damages

Tenant is entitled to damages and remedies under SMC 22.206.160 / SMC 22.212 (EDRA) / TMC ch. 1.100 to the extent applicable.

7. DEMAND FOR JURY TRIAL

Tenant demands a trial by jury of twelve (12) — or, at Tenant's election, six (6) — on all issues so triable, pursuant to RCW 4.40.060 and CR 38, and tenders the statutory jury fee. (Note: under RCW 59.18.380, the show-cause hearing may proceed without a jury; the jury demand applies to the trial on the merits if the matter is not resolved at show cause.)

8. RESERVATION OF RIGHT TO AMEND

Tenant reserves the right to amend this Answer to add or refine defenses, counterclaims, third-party claims, or jury demands as discovery proceeds and as Tenant's counsel (including any later-appointed counsel under RCW 59.18.640) may direct.

9. PRAYER FOR RELIEF

WHEREFORE, Tenant respectfully prays for:

A. Dismissal of the Complaint with prejudice;

B. Denial of the requested writ of restitution;

C. Quashing of any Order to Show Cause and any prejudgment writ;

D. Restoration of possession (if Tenant has been unlawfully removed) under RCW 59.18.290;

E. Money judgment on counterclaims in an amount to be proven, including treble damages under RCW 59.18.290;

F. Rent abatement for habitability defects;

G. Return of the security deposit plus statutory damages;

H. Reasonable attorneys' fees and costs as the prevailing party under the Rental Agreement, RCW 59.18.290, RCW 59.18.280, RCW 49.60.030(2), 42 U.S.C. § 3613(c)(2), and any other applicable statute;

I. Pre- and post-judgment interest at the legal rate; and

J. Such other and further relief as the Court deems just and equitable.

10. VERIFICATION

I, [TENANT NAME], declare under penalty of perjury under the laws of the State of Washington that I am the Defendant in this action; that I have read the foregoing Answer, Affirmative Defenses, and Counterclaims; and that the factual allegations therein are true and correct to the best of my knowledge.

Executed at [CITY], Washington, on [__/__/____].

_________________________________
[TENANT NAME]

11. SIGNATURE BLOCK

DATED this ____ day of __________________, 20____.

Respectfully submitted,

_________________________________
[ATTORNEY NAME], WSBA No. [______]
Attorneys for Defendant Tenant
[FIRM / LEGAL AID ORGANIZATION]
[ADDRESS]
[PHONE] | [FAX] | [EMAIL]

(Or, if Tenant is pro se:)

_________________________________
[TENANT NAME], Pro Se
[ADDRESS] | [PHONE] | [EMAIL]

12. CERTIFICATE OF SERVICE

I certify under penalty of perjury under the laws of the State of Washington that on [__/__/____] I caused a true and correct copy of the foregoing Answer, Affirmative Defenses, and Counterclaims to be served on Plaintiff's counsel of record (or Plaintiff if pro se) at the address shown on the Summons, by:

| ☐ | Hand delivery to [ADDRESS / PERSON] |
| ☐ | First-class U.S. Mail, postage prepaid (mailed at least 3 days before the response deadline) |
| ☐ | Facsimile to [____] (with confirmation) |
| ☐ | Email per agreement / e-service rule [ADDRESS] |
| ☐ | Court e-filing portal (with electronic service) |

Executed at [CITY], Washington, on [__/__/____].

_________________________________
[NAME OF SERVER]

13. TENANT'S PRACTICE NOTES — SHOW-CAUSE HEARING CHECKLIST

1. Confirm response deadline. Re-read the summons. Calendar the deadline ("5:00 p.m., on [date]"). File and serve before that time.

2. Apply for court-appointed counsel (RCW 59.18.640). Call the Eviction Defense Screening Line at (855) 657-8387. Bring the application to the show-cause hearing.

3. Bring evidence to the show-cause hearing. RCW 59.18.380 lets the court hear oral or written defenses. Bring:
   - The pre-suit notice and any envelopes / proof of service;
   - All rent receipts, money-order stubs, bank records, Venmo/Zelle screenshots showing payments;
   - Photographs / videos of habitability defects;
   - Code-enforcement complaints, inspector reports;
   - Text messages / emails about repairs or harassment;
   - Witnesses prepared to testify briefly;
   - Documentation of pending rental-assistance applications.

4. Be prepared for rent into court registry. RCW 59.18.390 / .410 — court can require accruing rent paid into the registry as a condition of stay or trial. If Tenant cannot pay, raise indigence and ask for protective order; counsel can argue against impossibly large bonds.

5. 3-day registry deposit to stay the writ. If a writ of restitution issues, RCW 59.18.380 permits Tenant to pay rent + one month into the court registry within 3 days of service of the writ to stay execution pending final judgment.

6. Local mediation programs. Even though ERPP (RCW 59.18.660) expired July 1, 2023, many counties still offer free mediation through Dispute Resolution Centers (https://www.resolutionwa.org). Request a referral.

7. Tacoma cold-weather / school-year defense. If the property is in Tacoma and the writ would execute between Nov 1 and Apr 1, or during the school year for a household with school-age children, raise TMC ch. 1.100 immediately.

8. Seattle JCEO defenses. If Seattle, demand RRIO certificate (SMC 22.214), check that the JCEO ground (SMC 22.206.160) actually fits, and look for EDRA non-compliance on rent increases of 10%+.

9. CARES Act covered dwelling. Ask whether the property has any federally backed mortgage (Fannie Mae, Freddie Mac, FHA, VA, USDA) or participates in HUD/LIHTC. If yes, the 30-day federal notice is mandatory.

10. Document, document, document. Keep a file of every communication. Tenant defenses are won and lost on paper.

14. SOURCES AND REFERENCES

Statutes

• RCW 59.18.057 — 14-day notice form: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.057
• RCW 59.18.060 — Landlord duties / habitability: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.060
• RCW 59.18.063 — Application of payments: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.063
• RCW 59.18.070 / .080 / .090 — Habitability, notice of defects: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.070
• RCW 59.18.100 — Repair-and-deduct: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.100
• RCW 59.18.240 — Retaliation: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.240
• RCW 59.18.260–.285 — Security deposits: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.260
• RCW 59.18.290 — Self-help prohibited (treble damages): https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.290
• RCW 59.18.365 — Unlawful detainer summons: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.365
• RCW 59.18.370 — Order to show cause: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.370
• RCW 59.18.380 — Show-cause hearing: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.380
• RCW 59.18.390 — Writ of restitution: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.390
• RCW 59.18.410 — Judgment / rent into registry: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.410
• RCW 59.18.640 — Right to counsel (SB 5160): https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.640
• RCW 59.18.650 — Just Cause Eviction: https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.650
• RCW 49.60.222 — WLAD housing: https://app.leg.wa.gov/RCW/default.aspx?cite=49.60.222
• RCW 4.40.060 / CR 38 — Jury demand

Federal

• 42 U.S.C. § 3601 et seq. (Fair Housing Act)
• 42 U.S.C. § 3604(f) (Reasonable accommodation)
• 15 U.S.C. § 9058 (CARES Act 30-day notice)

Local Ordinances

• Seattle Mun. Code 22.206.160 (Just Cause): https://library.municode.com/wa/seattle
• Seattle SDCI Renting in Seattle: https://www.seattle.gov/rentinginseattle
• Tacoma Mun. Code ch. 1.100 (Landlord Fairness Code): https://cms.cityoftacoma.org

Tenant Resources (call BEFORE filing)

• Eviction Defense Screening Line: (855) 657-8387
• Office of Civil Legal Aid (OCLA): https://ocla.wa.gov/programs/eviction-defense
• Washington Law Help (free self-help): https://www.washingtonlawhelp.org/free-lawyers-renters-washington-state
• Northwest Justice Project — apply online: https://nwjustice.org/apply-online
• Tenants Union of Washington State: https://tenantsunion.org
• Resolution Washington (DRCs): https://www.resolutionwa.org
• Washington Attorney General — Landlord/Tenant: https://www.atg.wa.gov/landlord-tenant
• 211 Washington (rental assistance): Dial 2-1-1
• Washington State Human Rights Commission: 1-800-233-3247
• U.S. HUD FHEO: 1-800-877-0246

END OF ANSWER