Legal Question in Landlord & Tenant Law in Washington
apartment mistake.
my fionce daughter and i moved in to this apartment and there was a shooting a couple weeks before we signed papers and somebody tried to break in to our apartment last night and there is a known freebase drug house across the street and people are getting arrested all the time.we signed a 12 month lease but we wantto know if we can get out of the lease becauseof these problems and the fact that we have a child. i just want to know my rights as a tenant in this situation.
1 Answer from Attorneys
Re: apartment mistake.
Most likely, you are not going to be able to get out of the lease unless you are able to work something out with the landlord. My best suggestion is that you list the place and show it to people who would be interested in taking over the lease. If you find a suitable replacement tenant, you may present that person to the landlord and explain that you want to move and that you have a suitable similarly situated replacement tenant and ask that they allow you to leave and sign the replacement tenant up instead.
If the person is of similar economic earning power and has a similar credit rating, the landlord is obligated to try and cover his loss of rent by re-renting to someone such as this person. If the landlord refuses without a valid reason, then you may be able to avoid liability for breaking the lease.
The key here is to document everything. That way in case things don't work out with your landlord, you have a record to indicate that you could have moved and had a replacement but for some reason the landlord acted unreasonably in refusing and thus any losses he suffered as a result of you breaking the lease and moving should be his responsibility.