Legal Question in Landlord & Tenant Law in Washington
I want out of my lease early
We signed a lease and rented a home from a Rental Agency for a year. The agent who rented to us, agreed (verbally)that she would help us find a property to buy and she would not hold us to the full years lease. Since then we have been told that she no longer works for the company.
In the mean time, I have discovered that I have a medical problem that prevents me from going up and down stairs and unfortunatley, this is a a home with stairs going up to the home, down to the basement and also has a 3rd story. It is necessary to use stairs to live here.
In addition to all this, the day after moving in, construction began just in front of the home installing a new sewage line. This had created a horrible parking problem and the noise is unbareable.
We seriousley need to get out of this lease, is there any way?
1 Answer from Attorneys
Re: I want out of my lease early
It is possible, although depending on how you phrase your request it could cost you money to get out of the lease. Please bear in mind that I am not looking at the lease, either, and I don't know what it says other than what you have told me.
You could phrase your request in terms of a request for a reasonable accomodation for your newly discovered disability. You'll need a letter from your doctor describing the issue, and a statement from your doctor that you are not allowed to be using stairs. If you were to write to your landlord - phone calls are useless - and tell them that due to the unforseen circumstance of your newly discovered disability you need to seek a residential setting that does not exaserbate your disability.
Landlords have a duty to mitigate their damages. They have to make reasonable attempts to re rent the place. I have seen judges award them one month's rent when a tenant breaks a lease.
This also depends on how much you paid them at the beginning of the lease. (First and last and deposit? Or, just first and deposit?)
The issue with the construction is probably temporary, and as such isn't a basis to walk out of your lease.
Hope this helps. Powell