Legal Question in Landlord & Tenant Law in Washington
sewage problem and the landlord says ''too bad''
Weeks of rain left my yard covered in water mixed with sewage from flooded septic tank. Sewer water backed up into the bathtub when you flushed the toilet or overflowed onto the floor. When the landlord made no efforts to fix it we stayed at a motel. After 21 days my partner hired a plumber at our expense so we could move back home. My questions : Do we have to pay rent for the days we couldn't live at home? Who pays for the motel, plumber and equipment rented? Can we bill the landlord for our time spent cleaning and disinfecting? To make matters worse I had surgery on my foot the week before all this and developed a staph infection that may have been caused from the sewage. 3 months later I still have an infection and mounting medical bills. Is the landlord liable for my medical? Thus far the landlord has paid $28 for plumbing parts.
1 Answer from Attorneys
Re: sewage problem and the landlord says ''too bad''
Sounds like you have been having a truly awful time of it. Do this:
You need to be able to prove that you notified the landlord in writing of the septic issue. Next best thing is to be able to show that the landlord had actual knowledge of the problem - perhaps the purchase of plumbing parts has a dated receipt?
Attach that proof to a letter to your county's building department asking the county to come inspect the place and determine whether or not it is safe for you to live there. (This is provided for in RCW 59.18.115). The county has to come inspect within five days. They'll produce a report on the conditions, and give it to your landlord.
IF the county determines that the place is unsafe they will red tag it. IF the county red tags the place, then your landlord needs to provide you with $2000 (or three month's rent, whichever is more) in relocation funds. If your landlord doesnt get it to you in 7 days, then the County is on the hook and can seek reimbursement from the landlord.
That $ is so you can get moved. You cannot litigate without a roof over your head.
Save your receipts and your medical bills. Once you get relocated, you can determine whether you have a basis to sue your landlord for your damages.
The full residential landlord tenant act is on line at the legislature's home page under RCW's. DO NOT refuse to pay rent without a clear understanding of the consequences. The request for inspection is how to go about getting out of the mess you are in (literally) while getting some financial compensation so you can determine your losses and if you want to sue for them.
If you need more help please contact me.
Elizabeth Powell
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
