Legal Question in Landlord & Tenant Law in Washington
Can we break our apartment lease?
We have a year lease with an apartment complex and the lease is not up until Febuary of 2006. The problem is with the hot water. A little less than half the time we take a shower the water is cold and we are not able to shower. We have called once and complained and we have also sent two letters informing them of the problem and letting them know it needed to be fixed. Nothing was done about this and now we write down every time the shower is cold. Is there anyway that we can get out of this lease without ruining our credit. Thank you
1 Answer from Attorneys
Re: Can we break our apartment lease?
You are doing everything right so far by writing to your landlord rather than calling.
What you are saying is that the landlord has breached the implied warranty of habitability by failing to ensure that you have adequate hot water. This is likely a basis to terminate the lease, but I'd have to see the lease.
In WA, you are responsible for the rent until the landlord gets the place re-rented, but the landlord has a duty to make reasonable efforts to get the place re rented. The Courts usually will award the landlord an additional month's rent as compensation, and sometimes will allow the landlord to keep your deposit - again, I can't say for sure without reviewing your contract.
In any event, you should not withhold rent. You should write to your landlord by certified mail regarding your issues with the water heater. If they understand that you are prepared to break the lease rather than put up with inadequate hot water, they are likely to fix or replace the thing. Good luck - Powell
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
