Legal Question in Landlord & Tenant Law in Washington

My Apartment Flooded

My apartment was flooded because an upstairs nieghboor had a washing maching hose rupture. My roommate and I don't have renters insurance. Water came through all of the lighting fixtures.Half of our things are ruined and moldy.Water was ankle deep in the bathroom at the time of the incident. The apartment manager refuses to have the electrical checked, and keeps asuring me that it is fine (the breakers keep shuting off when we turn lights on). They have dryers set up to try to dry the apartment. It smells terribly like mold which I am extremely allergic to. I can only stand to be in the apartment for around five min. They refuse to put us in a hotel because they still consider it ''livable''. They won't replace the carpet. I have contatacted everyone from the fire department to LNI to the Building Inspectors.I want a new apartment (they don't have one open) or I want to break my lease and get my money back. All I keep hearing is that there is nothing I can do. What are my rights?


Asked on 9/16/05, 1:58 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: My Apartment Flooded

You have a right to move out, keep your receipts and sue your landlord. It is not rational to file suit while you don't have a roof over your head. Lawsuits are expensive, time consuming and not your first priority.

The liability is likely going to be on your landlord - it sure as heck isn't your fault the hose ruptured. This is the sort of thing they attempt to contract around by making you sign a lease that says, in effect, "NOTHING is EVER the landlord's fault" but those clauses are not enforceable any more.

You are not going to get anywhere demanding that your landlord pony up to relocate you today.

What would work is to find your municipality's (city or county - your zip could be either) building code enforcement officer and demand (nicely) that they come inspect the place. State law requires they inspect within five (5) days of a written request, but I find a lot of time they don't know that. Be sure to mention the electrical issues to the inspector. Also, go see your doctor and confirm your mold allegies and ask for a note from him/her stating that you can't live there.

One of the hardest things for a tenant is asking politely for help from your landlord and being told there is nothing they can or will do. The Fire Department is similarly not in a position to help you; same for L&I. The correct building inspector - contacted in WRITING - is the correct person, and your own doctor.

I wish you the best with this; if you need more you can contact me.

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Answered on 9/16/05, 2:13 pm


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