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  1. #1
    Join Date
    Jul 2010
    Posts
    12

    Default Loss of Use: Do I Deserve to Get Rent Reduced

    Last Monday, I found a wet spot coming up through the carpet in my bedroom. I called the property management company and they sent a plumber out to assess the situation. He was unable to find the source of the leak. This Monday, they sent out a carpet cleaner. He found water all over underneath the carpet. We are in a converted basement, and it appears to be coming from either underneath the floor or through the walls. We had to move all our supplies out into the living room which we share with roommates. They sent a water damage company to get the carpet removed.

    There is black mold that has come from all the moisture in the floor and we can't use the room that we are paying rent for. It's now Friday, and it's been almost two weeks and the original issue hasn't been resolved. The contractors won't call me back, and the property management company won't call me back. I'm considering withholding rent since I essentially can't use the property I'm paying for.

    RCW 59.18.070
    Landlord — Failure to perform duties — Notice from tenant — Contents — Time limits for landlord's remedial action.

    *** CHANGE IN 2010 *** (SEE 6239-S.SL) ***

    If at any time during the tenancy the landlord fails to carry out the duties required by RCW 59.18.060 or by the rental agreement, the tenant may, in addition to pursuit of remedies otherwise provided him by law, deliver written notice to the person designated in *RCW 59.18.060(11), or to the person who collects the rent, which notice shall specify the premises involved, the name of the owner, if known, and the nature of the defective condition. The landlord shall commence remedial action after receipt of such notice by the tenant as soon as possible but not later than the following time periods, except where circumstances are beyond the landlord's control:

    (1) Not more than twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat, or electricity, or is imminently hazardous to life;

    (2) Not more than seventy-two hours, where the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord; and

    (3) Not more than ten days in all other cases.

    In each instance the burden shall be on the landlord to see that remedial work under this section is completed promptly. If completion is delayed due to circumstances beyond the landlord's control, including the unavailability of financing, the landlord shall remedy the defective condition as soon as possible.


    [1989 c 342 § 4; 1973 1st ex.s. c 207 § 7.]

    Notes:

    *Reviser's note: RCW 59.18.060 was amended by 1991 c 154 § 2, changing subsection (11) to subsection (12). RCW 59.18.060 was subsequently amended by 2005 c 465 § 2, changing subsection (12) to subsection (14).

    The problem with this is that I've delivered notice, and the problem resolution is taking forever. I don't see a statute of limitations here. What do you recommend my next course of action is?

    I'm planning on moving out as my lease is up in a month anyway.

    Thanks
    -David

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Loss of Use: Do I Deserve to Get Rent Reduced

    Since the landlord has commenced action, I don't see where you'd be able to use the repair and deduct method. It's allowed for when your landlord doesn't act at all, not when the contractor doesn't finish up fast enough to suit you.

    I can tell you from experience that getting rid of wet carpeting and finishing mold mitigation and carpet replacement can take considerably longer than a mere two weeks.

    Continue to try to contact the landlord and the contractor to try to get a timeline. But don't be surprised if they tell you that it could be another few weeks.

  3. #3
    Join Date
    Jul 2010
    Posts
    12

    Default Re: Loss of Use: Do I Deserve to Get Rent Reduced

    I see that since they have started repairs, they have fulfilled the need to begin work. My issue is that essentially I don't have a place to sleep and I'm paying for a room that I can't use due to problems with the property. I'm hoping to have something to stand on to give them some encouragement to at least call me back and get me working. They don't return phone calls and have little interest in actually getting it fixed.

  4. #4
    Join Date
    Jul 2010
    Posts
    12

    Default Re: Loss of Use: Do I Deserve to Get Rent Reduced

    Missy, thanks for your help. I read into things deeper and found this:

    RCW 59.18.090
    Landlord's failure to remedy defective condition — Tenant's choice of actions.


    *** CHANGE IN 2010 *** (SEE 6239-S.SL) ***

    If, after receipt of written notice, and expiration of the applicable period of time, as provided in RCW 59.18.070, the landlord fails to remedy the defective condition within a reasonable time the tenant may:

    (1) Terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement, in which case he shall be discharged from payment of rent for any period following the quitting date, and shall be entitled to a pro rata refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with RCW 59.18.280;

    (2) Bring an action in an appropriate court, or at arbitration if so agreed, for any remedy provided under this chapter or otherwise provided by law; or

    (3) Pursue other remedies available under this chapter.


    [1973 1st ex.s. c 207 § 9.]

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