Legal Question in Landlord & Tenant Law in Washington

terms of lease question

Item 16 on my lease states: RESIDENT agrees that all of his personal property in the partment and designated storage areas shall be at risk of the RESIDENT. RESIDENT further agrees not to hold the OWNER or his agent liable in any manner for or on account of any loss or damage sustained by action of third party, fire, water, theft or the elements or for loss of any article from any cause, from said premises...etc.

There was a fire caused by the malfunctioning of the refrigerator supplied by the apartment while I was gone on vacation. Under RCW I believe it's the landlord's responsibility to maintain their appliances in reasonable working condition, so I feel I have the right to demand compensations for my loss, yet the terms of the lease seem to make him not liable for any loss I suffer from any cause. My question is, is he legally responsible for any of my loss? Or is there anythingI can do about my current situation other than just accepting my losses?


Asked on 9/21/04, 4:51 pm

2 Answers from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: terms of lease question

Hmmm, either there is a widespread problem with malfunctioning refrigerators while tenants are away on vacation or I've answered this before.

You are right, but you'll have an interesting time proving it. You will need to figure the "garage sale value" of your property that was lost. For example, if you took it outside and priced it what would you get for it? For food, estimate what you paid for, and be realistic. For your costs, figure your "cover" price , costs of moving, etc. You can easily come up with 4,000 worth of damages. Take him to small claims court. What he's failed to do is maintain the property (that's your argument) Heres the detail: He has a *duty* to look after the appliances, he *breached* that duty, which *caused* your *damages*. The asterisks are the important words to tell the judge. Your landlord will say he cannot be liable - and point to the contract which says he can't be held liable - and what YOU say is:" Your honor, he cannot disclaim liability for negligence, it's not possible."

Have a wonderful time, bring photos, and keep your temper in check. Good Luck - Powell

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Answered on 9/22/04, 1:54 am
Amir John Showrai The Pacific Law Firm, PLLC

Re: terms of lease question

Ms. Powell's suggestion is excellent. I would only add to it that if you have insurance (a renter's policy) or if your landlord has insurance, perhaps you may be able to make a claim that way. If the insurance company is willing to pay, that may be a much faster and less time consuming way to get your money.

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Answered on 9/22/04, 6:58 pm


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