Legal Question in Landlord & Tenant Law in Washington

We are renting office space from a landlord who refuses to maintain the building, he has now stated to us that as there is no "commercial" landlord tenant act, he does not have to abide by any of the

rules and responsibilities with regards to the building. We have been without hot water in all sinks except 1, there are fist sized holes in the exterior of the building that are rotted, the building is painted in a "rainbow" scheme as he has not completed the painting started 3 years ago, the parking area is a mess, and these are the good points! What are our rights? IF the landlord-tenat act offers no protection to commercial tenants, what-who does. Where may we go to force this landlord who demands that we pay rent (imagine that) and refuses to provide us with responsible space? (Please don't just suggest we all move, we have collectivelly 46 years of business invested in this location)

Thank you


Asked on 3/08/10, 3:10 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

While your landlord is correct that the Washington Residential Landlord Tenant Act ("RLTA") does not apply to a commercial lease, there are other laws that do apply and can help you. First and foremost is a body of contract law surrounding commercial leases, and your lease ultimately dictates how contract law applies to you. For example, your lease may provide that if you or your landlord sue each other, the prevailing party in court shall have their fees paid for by the other side.

Your lease may also define what are reasonable periods of time for your landlord to effectuate a repair after you provide notice, and it may define how you are to provide notice to the landlord for the notice to be deemed effective and trigger a duty on the part of the landlord to act.

Bottom line: I am happy to help you out, and I would start by analyzing your written lease. From there, I can tell you what I think you can do, from breaking the lease and moving without penalty, to forcing your landlord to make certain modifications through court orders if need be, or allowing you to move and seeking damages against your landlord in court for things such as higher rent in another location and moving costs.

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Answered on 3/13/10, 6:19 pm


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