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54 days w/o heat, gave notice we’re moving based on WA state Residential Landlord Tenant Act, landlord says we owe rest of lease
Asked over 2 years ago - Bellingham, WA
Notified landlord they breached rental lease due to the lack of an essential service to this rental premise, specifically a usable heater. It has been fifty-four days since we originally notified them about the problem.
WA state Residential Landlord Tenant Act says after notification of a defective condition which deprives the tenant of heat, the landlord must take action within 24 hours to remedy the defect and must see that the work is completed promptly or we can terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement.
Landlord says we owe the balance of the lease. We're cold and have to move! Help!
Attorney answers (2)
Please be cautious about taking legal advice from your landlord. WA law provides that once you have notified your landlord in writing that you are missing something essential like heat, you can then take a copy of your written notification to the nearest building department and demand (nicely) that they inspect the property. That inspection must occur within five days. If the building department tells you "they don't do this" contact the Civil deputy in the Prosecutor's office. I think his name is Royce. He'll help you mobilize the Building Department.
If they inspect and confirm your issue with the lack of heat, they will advise your landlord that the property is not in compliance with local codes and ordinances and that will trigger the remedies in RCW 59 18 085, which include three months rent, or $2,000, whichever is more plus your costs; the money has to be paid to you within 7 days to fund a new tenancy.
I've written a legal Guide on this site that probably explains it better. Hope this helps you - Elizabeth Powell
If they inspect and confirm your issue with the lack of heat, they will advise your landlord that the property is not in compliance with local codes and ordinances and that will trigger the remedies in RCW 59 18 085, which include three months rent, or $2,000, whichever is more plus your costs; the money has to be paid to you within 7 days to fund a new tenancy.
I've written a legal Guide on this site that probably explains it better. Hope this helps you - Elizabeth Powell
The burden of proof on the heat working will be on the landlord , if sue for breach of the lease. Your duty will be to show that you notified the landlord and he failed to meet the basic duty of the landlord under RCW 59.18.070 and the more basic duty of habitability. If the landlord sues you hire an attorney , fees are included in the statute.
Good Luck
Good Luck
