LL quitclaimed our home and claims deposit spent

[kennel]

I posted about this mess before. LL did file for BK but ended up quit claiming this property to someone he owed 75K to. New owner has assumed mortgage and says that old LL claims that he had already spent my 3K deposit. Mortgage payments were behind 4 months on this place & new LL paid up. We are in a lease until 5/15/2001 but frankly we have been so stressed living here with all kinds of people coming and looking for old LL and at least 6 times that we have been without water. The last time we were without water for three days. (I had called new LL and told him if he didn't get someone out to fix this we would be going to a hotel and deduct it from our rent but it ended up taking a total of 3 days and I've got dogs and horses). A process server actually had the nerve to come knocking on the door at 6:30 AM. Everyone ignores our no trespassing signs. New LL doesn't want us to leave because we are clean and reliable but he also wants to sell this place to recoup his money. I told him that under no circumstances could they tell prospective buyers its OK to come driving in here to look at the property without an agent. I also just sold our home in the state we just moved from and I certainly do not want to go through anymore house showings - it is way too inconvenient to clean up on demand and vacate the premises for a showing. We are way off the road and very private, that is what is so nice about this place and here we have been bombarded with people coming in and out all the time. I told new LL that we would be agreeable to end the lease and seek a different property - but its a no go. He will definately have to pay to get us out of here if he does find a buyer before the end of our lease. Question - is the water issue enough for us to have been able to walk away from the lease and would it be now also how about losing our privacy - new and old LL just pops in and doesn't call in advance? I have read my LL tenant laws for Washington and can't find anything specific about being able to end a lease. Thanks, I know this is a lot of rambling.

 

[Tracey]

OK, here goes: This info is in RCW 59.18, the residential landlord tenant act.

1. It doesn't matter that the new owner didn't get any deposit money from old L. Old L quitclaimed all interested & liabilities he had in the house. By law, new L is liable to you for the $3000 deposit whether he collected it from old L or not. The $3000 deposit was included in the deed in lieu of the debt transaction. Send new L written demand to know the bank & escrow account where your deposit is being kept.

2. New L has an absolute duty to provide hot & cold water at all times, unless the water has to be turned off briefly for maintenance. RCW 53.18.060(10). After receiving written notice, L has 24 hours to start fixing a water problem & must finish repairs promptly. RCW 59.18.070. If your written notice includes notice that you will terminate the lease if the water is not fixed in 24 hours, & L hasn't even begun by then (or takes an unreasonable time to fix it once started), you can terminate the lease by giving L written notice. You are entitled to a pro-rated refund of rent after leaving.

If you like, you can submit a repair estimate with your written notice of defect, & tell L that if he doesn't fix the water in 24 hours, you'll hire the contractor & deduct the price from the rent. You may not hire a contractor that will cost more than 1 month's rent. RCW 59.18.100. Under RCW 59.18.110, you can sue L for the diminution in value of the place when it doesn't have water.

3. RCW 59.18.150. L has to give 2 days notice before entering to show the place, but you cannot unreasonably withhold consent for L to show the place. However, you have a right to be present during the showing & can refuse to let L show the place unless you're home. Send L written notice of his violations of this section, listing dates & times of violations, & instruct L to stop abusing access. If L abuses access again, you get $100 for each incident. (plus costs & attorney fees).

Old L has absolutely no right to enter the property. Call the sheriff any time he shows up.

Put a gate across the driveway with signs saying No Trespassing & Old Landlord Does Not Live Here. Do Not Enter to Attempt to Speak to Him. Then file trespassing charges against any process servers who disturb you. Don't lock the gate; just close it.


Good luck & email me if you have any other questions.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

[This message has been edited by Tracey (edited October 14, 2000).]