Legal Question in Real Estate Law in Washington
Breach of lease?
I recently found an apartment to rent for myself and my boyfriend and negotiated a lease with my landlord. I put down money for a deposit and paid for 10 days of prorated rent in September, with the understanding that I could move in almost immediately and with the lease to begin Oct. 1. The lease contained my name and the name of the co-tenant and noted the money I paid for the deposit. I signed the lease, and the co-tenant planned to sign the lease upon his arrival to the state.
Two days before we were going to move into the apartment, the landlord called and said his current tenant was paid up through the end of September and could not move his stuff out for another week. I had already scheduled appointments with utility companies and the co-tenant had paid for and loaded a U-Haul. The landlord said we could pay a storage fee if we wanted to move our things into the apartment but that we could not take possession of the property until a week later than he originally had told us we could move in.
As both tenants were starting new jobs in a few days, we needed a place to live right away and did not find the landlord's new terms acceptable. We told the landlord such and found a new place to live, but the landlord refused to refund the deposit.
Does this constitute a breach of contract on the landlord's part, and if so, am I entitled to a refund of my deposit?
3 Answers from Attorneys
Landlord Breach of Contract
In my opinion the landlord breached the contractand should have returned your security deposit/I suggest you take him to small claims courtHowever, I am not authrorized to practicelaw in your state and I am not familar withthe local procedures of your state. However,I feel strongly that the landlord was incorrectto withold your deposit. I suggest you consultlocal counsel as there may be some other remedies that you may have.
Wow. I'd love to take your case.
U WUZ WRONGED, according to your telling of the story.
Were it here in Mass., I'd almost automatically get you triple the amount of the deposit, and probably triple the 10 days' rent, PLUS all my fees paidby the landlord.
THEN I'd start in on other theories of assessment of the harms done you ... for the stress he caused you, for the extra time spent finding another place on short notice, etc.
Mass. has strong laws to protect clients. But you ought to seek local counsel TRAINED in thisfield of law, and ask them to stay within a given budget.
Sounds like a breach to me
Based on contract law, you have apparently have a case. I would want to see a copy of the lease before I commented too much.
If you are in the Puget Sound area, I'd be happy to look at your case or refer you to another attorney.
You should make a list of all the additional costs occasioned by the breach, Emotional distress is normally not available in contract cases.
In WA, you only get attorneys fees if there is a contract or a statute (with some other rare instances). I would expect this contract to contain an attorneys fee clause. (If it says one side gets attorneys fees, either side, if prevailing, can get them.
You would certainly have contract remedies. You may also have statutory remedies under the Res. Landlord-Tenant Act at RCW 59.18 http://leginfo.leg.wa.gov/pub/rcw/title_59/chapter_018/
Small claims court procedures are found at RCW 12.40 http://www.leg.wa.gov/pub/rcw/title_12/chapter_040/
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