Joseph T G Harper’s Answers

Joseph T G Harper

Tacoma Construction / Development Lawyer.

Contributor Level 11
  1. Do I have to replace the A/C as landlord?

    Answered 9 months ago.

    1. Joseph T G Harper
    2. Shawn B Alexander
    3. Gregory L Abbott
    4. Thuong-Tri Nguyen
    4 lawyer answers

    I think if it cannot be repaired, a new one would have to be provided. RCW 59.18.060 provides that a landlord must "Maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him or her in reasonably good working order. You supplied the A/C that was working at the time of move-in. You will be required to maintain it unless the tenants did anything that caused to to stop working. The A/C is an appliance that was supplied by you so you will probably have to replace it.

    7 lawyers agreed with this answer

  2. How would I remove a mechanics lien from my home that has timed out?

    Answered over 1 year ago.

    1. Joseph T G Harper
    2. Saphronia R Young
    3. Peter J Weinman
    4. Shawn B Alexander
    4 lawyer answers

    If the parties who recorded the liens have not filed suits to foreclose them within the 8 month period, then they are not enforceable. Most title companies are aware of this and will still offer coverage without excepting these liens so long as they are indeed over 8 months old. You could file a lawsuit against the lien claimants to quiet title and remove the liens, but that would not be a good use of your resources. There is no need to remove them. However, even though the liens are no...

    7 lawyers agreed with this answer

  3. Can a prime contractor fail to pay a sub claiming subpar work without giving them opportunity to remedy?

    Answered about 2 years ago.

    1. Michael Duane Daudt
    2. Christopher Lee Thayer
    3. Joseph T G Harper
    4. Saphronia R Young
    4 lawyer answers

    Your lien rights will depend upon whether or not you are within the applicable time limits for filing a mechanics lien. If you contracted directly with the owner or prime contractor, you should not have to give pre-claim notice. You have 90-days from the last day materials or labor was supplied. If your time has not expired, then you might be able to file a lien. You also need to be sure that your prime contractor is properly registered, and your registration must also be current. You should...

    7 lawyers agreed with this answer

  4. Is it legal to be evicted and have to be out in 3 days for paying rent late?

    Answered almost 2 years ago.

    1. Joseph T G Harper
    2. Shawn B Alexander
    2 lawyer answers

    If your landlord did not accept a partial payment, and insisted that you pay in full or not at all, then your landlord could attempt to evict you. If your landlord already accepted a partial payment, then the defense that would be available to you in an eviction action would be waiver of the breach. Unless you had prior rent owing which the partial payment was applied toward, accepting a partial payment is generally treated as waiver of the breach of the lease. So, your landlord probably cannot...

    6 lawyers agreed with this answer

  5. How much I am responsible if the tenant moves out due to mold?

    Answered 12 months ago.

    1. Joseph T G Harper
    2. Alan James Brinkmeier
    2 lawyer answers

    I don't think there is enough information to fully answer your question. Have you determined the cause of the mold? If the mold is being caused by a building envelope issue, then you may have some liability. If the tenants caused the problem, there may not be any liability. This would be the appropriate starting point. The Washington Landlord Tenant Act requires a landlord to maintain the structural components of the premises in reasonably good condition so they may be used. Anything caused by...

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  6. Not paying last 2 months in fear of not getting deposit back.

    Answered about 2 months ago.

    1. Joseph T G Harper
    2. Elizabeth Rankin Powell
    3. Thomas Martin Morningstar
    4. Shawn B Alexander
    4 lawyer answers

    If you do not pay the rent, you run a very large risk of getting evicted. As a prerequisite to exercising remedies under the landlord tenant act, you must also be current in you rent. Security deposits are specifically regulated under the act as well, and must be held in trust separate from the landlord's funds so that you are protected in the event your landlord does get into financial trouble. If the landlord has not done this and complied with the requirements of the act, they could be held...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. How long after being told from our apartment manager "Eviction papers have been filed" do we have or receive papers?

    Answered almost 2 years ago.

    1. Joseph T G Harper
    2. Christopher Daniel Cutting
    3. Cheryl Rivera Smith
    3 lawyer answers

    The landlord can have a summons and complaint served upon you anytime. The only real issue is when you were last served a 3-day? At least 3-days must pass before the landlord can proceed with suit. If you were given a 3-day last month, the landlord probably could not try to evict you for any subsequent breaches since you appear to have been making, and the landlord has been accepting, partial payments. Whether the landlord is bullying you or not may not be relevant. The landlord is entitled...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Should I wait to see if the mechanics liens on my home "time out"?

    Answered almost 2 years ago.

    1. Samuel Michael Meyler
    2. Katie Jean Comstock
    3. Joseph T G Harper
    4. Elizabeth C. Thompson
    4 lawyer answers

    You could wait, but doing so carries the risk that either or both lien holders could sue to foreclose. You would be better served checking out other options such as making sure these liens were valid in the first place. They may not be. If you choose to pay them, you get these clouds removed from title, which may save you headache later on, even if the liens go stale. Sometimes title companies will be reluctant to insure you when they see these liens, even of they are more than 8 months old....

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Who pays for fire damage when tenant caused the fire?

    Answered about 2 years ago.

    1. Joseph T G Harper
    1 lawyer answer

    There is a new case out of Washington's Division 3 Court of Appeals, called Trinity Universal Ins. Co. of Kansas v. Cook, 168 Wash. App. 431, 432, 276 P.3d 372, 373 review denied, 175 Wash. 2d 1016, 287 P.3d 11 (2012), which states: "The rule in this state, and the trend nationwide, is that the tenant is a coinsured with her landlord under the landlord's fire insurance policy, absent a specific provision in the rental agreement or lease to the contrary. This is probably the case your management...

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  10. A contractor recently finished installing a defective door - who is responsible for the cost of installing the replacement?

    Answered over 2 years ago.

    1. Joseph T G Harper
    1 lawyer answer

    The door company is right, you will be responsible for installing the new door. They agreed to provide a good door, and if it is warped, then they did not do what they promised, so it is their responsibility to provide the good door. They did not install the warped door, so they cannot be responsible for that. Your contractor may or may not be responsible. It depends upon what your contract provided for, and how apparent the warping was, among other things. Typically, contractors do not...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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