Legal Question in Landlord & Tenant Law in Washington

To answer your first question, yes you can leave without getting your own 20 day notice, however you do need to provide some kind of written notice that you are in fact leaving the premises and then demand the pro-radish share refund for that given month.

As to the second question, I do not think you will prevail in a legal action on the basis of the landlord having taken retaliatory action against you. I am assuming that you are renting on a month-to-month basis at this time. If that is true, then you or your landlord at any time for any reason can give a 20 day notice to terminate the tenancy. That is not the same as an eviction. However, bear in mind that you can sue your landlord on the basis of 59.18.090 for the defective conditions that remain in place for several months. Specifically if your son was injured, that may result in damages, and you may be entitled to rent that you overpaid for.

The basis for the rent would be that you are paying for a unit that you are renting in good habitable condition. The unit you received for that same rental value, was not in the same condition. Therefore you are entitled to an offset in rental value.