Legal Question in Landlord & Tenant Law in Washington

erosion on rented land

A retaining wall has failed and is falling down due to erosion on rented land for our mobile home. Land owner says it's our problem. WA legislature documents state that the ''effects of running water'' is the responsibility of the landlord. Do we have a case?


Asked on 3/18/07, 10:17 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: erosion on rented land

As I get these facts: You are living on property and your neighbor's retaining wall has failed, which is a problem for your mobile.

it is the problem of the person who owns the land where the retaining wall is located. You don't say whether the land owner is your landlord or not. Doesn't matter. Either way, the person who needs to fix the problem is the person who owns the failing wall.

The way you make this happen is to contact your landlord in writing and demand that they attend to the issue. They have 10 days to get started unless it is a health/safety issue. The ten days starts running after they get your written notice to commence repairs.

If they don't do anything, you can contact the city/county where you live and tell them the landlord isn't doing anything, and ask the city/county to inspect the issue and give you a report.

They have 5 days to get back to you with yes, it is a problem, no it is not a problem.

If it IS a problem and the problem is so bad you have to move out, the landlord can be responsible under some circumstances for relocation assistance for you.

Review RCW 59.18.085 and 59.18.115.

115 makes it possible for you to stop paying rent as long as you move out promptly.

If you need more help with this be sure to call or write, it's a little tricky and comes as a huge suprise to landlords and cities/counties alike.

Hope this helps. Powell

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Answered on 3/19/07, 12:30 am


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