Legal Question in Landlord & Tenant Law in Washington

Re: Terminating Lease Agreement

Oddly enough, your landlord is correct that you would be responsible for the rent for the balance of the term, but incorrect regarding the deposit.

If you are going to break the lease, you have a duty to pay the rent until the apt. is re-rented. Courts usually interpret that as another month - in odd situations, possibly two months.

Deposits are of two varieties: Security and Damage. Your landlord can keep a security deposit because you gave it as security for your obligations (duties) pursuant to the contract. If it was called a damage deposit, then the landlord can only keep it if there is damage to the premises - and more than "normal wear and tear".

You might consider defining what about the place makes you want to leave. Landlords have a duty to provide habitable premises and also covenant to provide "quiet enjoyment". Are you leaving because the place is uninhabitable or because you are prevented from quietly enjoying the premises?

If so, then the landlord may have breached. BE SURE you give notice in writing of your decision and when you will be leaving.

Leases are two edged swords. They provide you with a guarantee that the rent won't increase, but also hold you to a given term.

But your landlord's interpretation of deposit provisions may be incorrect (or I could be wrong - I'm not reading your lease). Don't hesitate to contact me if you want to clarify the situation for me.

Re: Terminating Lease Agreement

Under Washington's Residential Landlord Tenant Act, a landlord can keep a deposit for reasons stated in the lease. Also, if you break your lease early, your landlord can charge you for the rent until the term of the lease is over, or until the re-leased the apartment, OR until they should have re-leased the apartment if they had taken reasonable efforts to do so.

So, depending on what your lease says, you may be out of luck. However, you could argue that keeping the deposit and four months' rent would be "double-dipping."

Furthermore, this IS prime renting time (college students getting out of dorms). You may be able to help yourself out by flyering to advertise the apartment, holding an open house, and accepting lease applications for the manager. Keep a copy of the applications for yourself so you have proof that you did most of the re-renting work yourself in case the landlord sits on an empty apartment for four months. Give me a call if you have any questions, or want additional information.

Also, Take a look at RCW 59.18 (you can find it at http://www.leg.wa.gov/rcw/index.cfm?fuseaction=title&title=59), and at www.washingtonlawhelp.org.

Michelle

206-522-4638

[email protected]