Legal Question in Landlord & Tenant Law in Washington

Forced Lease Termination due to repair

Can a tenant terminate a lease if a landlord does not respond to a small repair issue within 10 days?

Or can the tenants just have repair fixed and applied to rent?

Tenant claims they had to tighten valve on faucet.

Sequence of events:

1) Tenants have past history of 2 months demanding termination of lease of no reasons other than wish to leave.

2) Tenant notifies landlord of �slow leaking faucet� and landlord responds but sees no problem. Landlord tells tenant verbally that this is a frivolous complaint.

3) Tenants then send certified letter claiming problem still exists but landlord ignores.

4) After tenant notifies of termination landlord hires independent contract that inspects and documents the faucet as no leak found.

5)

6) It was my understanding even if a repair issue was valid which wasn�t in this case tenants could not voluntarily terminate the lease but only apply repair costs to rent payment.

7) Three months rent will not be paid as tenants are terminating lease 3 months early.


Asked on 5/06/07, 12:17 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Forced Lease Termination due to repair

Sounds like you are looking for a second opinion and I don't want to get in your lawyers way, but here's my take:

The first section of the RLTA, 59 18 010, recites that every party to a rental transaction has a duty to conduct themselves in good faith. That means you don't try to trip up the other party over tiny technical interpretations of the law by persons who are not lawyers.

As the landowner, unless you are a registered contractor with a plumbing license and a bond in good standing with L&I, you cannot work on property where you don't reside.

Your opinion regarding the leak was just that, an opinion. You are entitled to it. But, just in case there was a mold issue arising out of this leak or if the tenants could demonstrate that the water bill had gone up five hundred per cent last month, it would have been a smart idea to send a plumber to check it out immediately.

Yes, the tenants can terminate the tenancy early if you don't respond timely. You don't mention the timing here so I can't tell.

Applying rent to repairs is a complicated process fraught with peril and the tenants have the alternative remedy of ending the lease, not because of the problem per se, but because you chose not to respond.

Good faith will get you places that refusing to respond cannot.

Elizabeth Powell

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Answered on 5/06/07, 12:43 pm


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