Legal Question in Landlord & Tenant Law in Washington

Tenant rights

I rented a trailer from someone, and am now having a dispute on getting my total deposit back. i disagree entirely on what the landlord is saying we owe for. Is it legal for her to be renting a place that is growing mold and mushrooms inside? what do i need to do?


Asked on 4/29/07, 12:30 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Tenant rights

If you don't live there any more, it may be too late. Your action would have been for diminished value for the uninhabitable trailer.

You have to be able to prove that the place had the problems you assert - usually through expert testimony - and that you gave your landlord actual written notice of the problem.

What I now recommend is once you have given your landlord written notice, you then contact the City or County where you live and demand an inspection pursuant to RCW 59 18 085 and 110. If the government certifies the place as uninhabitable, then your landlord is required to provide you relocation money ($2K or 3 x the monthly rent, whichever is more) within seven days. Its a very effective remedy but not well known.

If you are having a dispute about your deposit you may want to consider taking her to small claims. Be prepared with documentation about what you paid and why you moved out, and you can get your deposit back.

The deposit statutes are at RCW 59 18 260, 270 and 280. You cannot be charged for "normal wear and tear".

Hope this helps. Powell

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Answered on 4/29/07, 1:30 pm


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