Legal Question in Landlord & Tenant Law in Washington
I live in Washington State and have a rental property. The tenant signed a year long lease and now wants to break it. He has been a terrible tenant along the way, not paying his utility bills, late rent payments (refusing to pay the penalties), and now wants out of the rental contract because he's getting back together with his wife. As I did not write the conditions for breaking the lease, what would I be entitled to? I found RCW 59.18.130 that says I would be owed 1 month. Can you help me? Thank you!
1 Answer from Attorneys
Unless you specify the grounds upon which either party to break the lease, you are left with those grounds available by statute. In your case, you cite RCW 59.18.130, but that has to do with health and safety laws. It does not deal with your particular situation of an early lease termination.
Depending on how many months are left, you are entitled to a judgment for the rent for the remaining months of the lease. You also have a duty to "cover," meaning you have to try to rent the premises as soon as possible to as close as possible to the current rent, if not for more. Thus, if there are 6 months remaining on the lease, and you rent it in two months, the tenants are liable to you for the two months it went unrented, but not the remaining four you did rent it for.
If you rent it at $100 less per month than the current rent, then you are entitled to $100 per month for each month remaining on the original lease.
I can get a little complicated along the way. I suggest you at least consult with an attorney, but giving the attorney a copy of the lease, and a detailed write up of the late payments, the unpaid penalties, etc., and at least get expert advice before you go to court.
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