Legal Question in Landlord & Tenant Law in Washington

detrimental reliance

I moved before my lease expired because promised amenities (new construction) were to be available to me within 60 days of my tenancy, but they not available 9 months into my tenancy. The lanlord is pursuing me for a termination fee. My position is one of ''detrimental reliance.'' I chose this apartment over competing ones based upon the promises of management that I would have amenities (for which I was paying a premium) the other apartments did not have. My position is that the lease is void, or in the very least, that the landord is in breach of the contract (lease), because of the circumstances so outlined. Have I a chance at winning a lawsuit?


Asked on 12/04/07, 5:29 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: detrimental reliance

You can do much better at the bar if you stop doing the judge's job, which is to make legal conclusions, and simply present the facts of your situation.

If your lease contract says there is a termination fee, then the COURT can conclude that you bargained for it, thus you will pay it.

If your lease contract does not have a termination fee clause, there is no reason for your landlord to unilaterally impose one.

There is a special statute that requires that any pre-paid fees have to clearly explain their basis and that they are not refundable.

And as to your landlord's ability to collect a new fee he just made up on the spot, that isn't going to happen.

But be really careful tossing around legal conclusions. Hope this helps. Elizabeth Powell

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Answered on 12/04/07, 7:45 pm


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