can we legally break lease?

[npearce124]

What is the name of your state (only U.S. law)? Washington

We currently rent a house. A few day ago we noticed a big spike in our gas bill. we called the gas company and they sent someone out to see if our meter was working correctly. While here the technician found that the problem was a broken pressure valve on our water heater. He told us this is a very dangerous problem and needs to be repaired asap. Apparently this part keeps the water heater from building pressure and exploding. We notified our landlord via the phone and he said he would get back to us. After 4 days we contacted him again and he said he was refusing to make the repair and is only obligated to provide us hot water, which the heater is still doing. We then contacted the county code enforcement and they said the break is a safety code violation and he must repair it. We then recontacted the landlord, reexplained the urgency and provided him written notice with a 24 hour timeline. If he still refuses the repair after the deadline are we legally able to break our lease and move? We are very uneasy in the home as we have a small child and I am 9 months pregnant.

 

[Zigner]

You may be able to pay for the repair and deduct it from your rent. See the following link: http://tenantsunion.org/rights/15/RepairandDeduct

(not an endorsement)

 

[HomeGuru]

What is the name of your state (only U.S. law)? Washington

We currently rent a house. A few day ago we noticed a big spike in our gas bill. we called the gas company and they sent someone out to see if our meter was working correctly. While here the technician found that the problem was a broken pressure valve on our water heater. He told us this is a very dangerous problem and needs to be repaired asap. Apparently this part keeps the water heater from building pressure and exploding. We notified our landlord via the phone and he said he would get back to us. After 4 days we contacted him again and he said he was refusing to make the repair and is only obligated to provide us hot water, which the heater is still doing. We then contacted the county code enforcement and they said the break is a safety code violation and he must repair it. We then recontacted the landlord, reexplained the urgency and provided him written notice with a 24 hour timeline. If he still refuses the repair after the deadline are we legally able to break our lease and move? We are very uneasy in the home as we have a small child and I am 9 months pregnant.

**A: the answer is no and the solutionis repair and deduct. Read the WA landlord tenant law for specifics.

 

[Zigner]

**A: the answer is no and the solutionis repair and deduct. Read the WA landlord tenant law for specifics.

I agree - which is why I posted what I did

 

[HomeGuru]

I agree - which is why I posted what I did

**A: sorry I did not read your post. I got ths bad habit lately of just reading the OP post and not the other responses.

 

[Zigner]

**A: sorry I did not read your post. I got ths bad habit lately of just reading the OP post and not the other responses.

Not a bad habit - just a habit.
It allows you to post information without being swayed by other posts

 

[HomeGuru]

Not a bad habit - just a habit.
It allows you to post information without being swayed by other posts

**A: but then I may be redundant if others correctly answered the question already.

Are you free for Starbucks today?

 

[npearce124]

When I was reading through the landlord tenant laws it listed breaking my lease as one of my options if the landlord refused to comply with the repair in the specified time frame. It also listed repair and deduct as a secondary option. Is there a reason why option number one is not applicable to our situation?

 

[Banned_Princess]

When I was reading through the landlord tenant laws it listed breaking my lease as one of my options if the landlord refused to comply with the repair in the specified time frame. It also listed repair and deduct as a secondary option. Is there a reason why option number one is not applicable to our situation?

take him to court to terminate the lease.

you cant just terminate it.

and if the code enforcement didn't demand LL to fix the problem, and they didn't order you to vacate, you will have a hard time showing it was a case of unsafe conditions.

 

[Captain Picard]

Maybe the LL looked at the pressure relief value and found that it was in good working order. The only have to test one is to have the pressure go above the valve's limit ; most people just look at them to see if they look OK.

The OP can have the valve replaced by a plumber but I would not expect the LL to pay for it -- not without further information. I've never known on NOT work..they are simple spring based devices.

 

[OHRoadwarrior]

Try turning down the water temperature. It may solve your problem.

 

[John_DFW]

M I've never known on NOT work..they are simple spring based devices.

They do indeed go bad, but the hot water heater typically expires before they do.

Generally after an in person inspection, code enforcement can tag any and all safety issues that give the property owner a timeline to correct, or face fines and possibly loss of certificate of occupancy.

You should have code enforcement inspect in person and tag for your records. You should really make your communication with the landlord by certified return receipt if you have not already done so.

 

[OHRoadwarrior]

I had one leaking for 2.5 years, before I finally needed to change the hot water heater. I am trying to figure out how OP thinks this is giving a massive gas bill. Water would need to be gushing out of it, rather just a very slow drip.

 

[FarmerJ]

Gas bill would increase if by chance hot water heater thermostat was in failure as well and making hot water hot enough to permit the tank to make alot of noise as in so called bubbling /boiling sounds , call city county inspections in , if the condemn the entire unit so be it then no one can live there and your lease is canceled, if they order repair and the LL fails to comply then they will end up condemning anyway eventually. what ever inspections orders as for a copy of the finding for your records.

 

[OHRoadwarrior]

Gas bill would increase if by chance hot water heater thermostat was in failure as well and making hot water hot enough to permit the tank to make alot of noise as in so called bubbling /boiling sounds , call city county inspections in , if the condemn the entire unit so be it then no one can live there and your lease is canceled, if they order repair and the LL fails to comply then they will end up condemning anyway eventually. what ever inspections orders as for a copy of the finding for your records.

That almost has to be what the problem is. I think OP conveyed/received the incorrect info. A bad temp regulator could cause major safety problems potentially. That is what the purpose of the pressure release valve is.