Legal Question in Landlord & Tenant Law in Washington

Re: Landlord tenant agreement

This is a tough situation that comes up often. Tenant moves into unit in a high crime area that he is unfamiliar with and later learns of the devastating effects.

While I have never tried that situation in a trial, I have dealt with it many times and settled. For a tenant to win in court, I'd say they need to prove they asked the landlord if the area had a high rate of crime and that they landlord said no, when in fact the landlord knew or should have known that was not true. The tenant will also have to show that they did their due diligence and checked with local police for local crime statistics and thus had no reason to suspect the area was anything other than normal in terms of crime rates or gang activity.

Usually, tenants cannot make out their burdens, and I have yet to run across tenants who can show they did their due diligence and investigated whether the area was a known gang territory or whether there were many violence crime incidents in the area, etc.

So, looking at your son's case, the best thing he can do is to try and find a replacement tenant to the landlord who will take over the term of the lease. The landlord also has a duty to find a replacement tenant, but trust me, he has a lot less motivation, considering that your son is on the hook for the last 6 months. If you son or the landlord finds someone who will take it at a reduced rate, then your son is liable for the difference in rent for the remaining six months.

If the landlord signs a new lease with a new tenant, then your son will have no liability for the damage that tenant does. If the landlord merely allows your son to assign his lease to the new tenant, then your son is liable for any damage resulting from the new sub-tenant's use of the property.

In short, these are the practical options your son has, as unhappy as they may seem. Separately, regardless of whether the area is a high crime area, it appears your son would have trouble staying even if he wanted to, given his economic situation. That fact tends to skew a decision in favor of the landlord, given that your son lived there for six months when he had money and now that he does not, the landlord will say that the high crime accusation is a smokescreen for not being able to pay rent. Otherwise, the landlord will ask why he did not seek to move out after one week or one month?