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

