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Situation seems shady

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Phoenix18

Member
Washington

Hello,

My mother is renting a home that has recently been involved in water damage due to lack of plumbing maintenance. She immediately contacted the Landlord in reference to the issue and the process of construction to rebuild began the next day. The Landlord stated that my mother did not have to leave the residence while they do the work on the house, but that she will need to place all of her items in boxes and the restoration team will place them into the storage pod.

As the restoration team appeared to the home, my mother questioned them about the process of removal of the existing items in the house. The restoration team stated that they will box everything up and place it in the pod. They were also questioning my mothers status on residence during the construction. When she informed the restoration team that she is staying at the house, the restoration team quickly informed her that she could not be here during construction. My mother contacted the Landlord and was told by the Landlord that they do not have anywhere else for her to go. I offered my split level home to my mother, but due to current respiratory health problems, she cannot climb stairs. Because of this, I have provided her an RV to live at this time until she is safe to re-enter the residence.

The Landlord has now been demanding my mother to appear to the house to help the restoration team remove the items from the home because they are behind schedule. The Landlord is fully aware of my mothers health status. This has placed a burden on the family to the point where I am finding myself having to leave work to accommodate the Landlords needs per her request of my presence to assist my mother, which is affecting my income. Also, my mother has hired an individual to help her with the removal of these items since she is not capable to do so herself.

As of recently, there has been some difference in opinions between my mother and the Landlord as to what the Landlord feels is garbage and what my mom feels is not by the Landlord stating that "there is still a lot of junk in the home..." and that "we are behind schedule because you [my mother] didn't remove the junk." My mother took a high level of offense to this remark.

Other issues to address is the lack of maintenance that the Landlord has refused to take care of throughout the years. My father has invested time and money to repair a gate that was knocked down during a windstorm going into the backyard. The issue was addressed to the Landlord on multiple occasions, but there has been no interest in action to repair. The Landlord threatened that if there are any repairs that are needed to be done with the central heating system, my mother will be held responsible if the filters are dirty.

Is there any form of legal action that I can take against this Landlord for repair costs to the fence, temporary housing expenses, utility bill increase due to power for the RV, compensation of missed work at the Landlords request and or harassment against my mother, or are there ways to file a complaint against a Landlord.

I look forward to your responses.
Andy
 


adjusterjack

Senior Member
Well, my first question is: Does your mother have renter's insurance. Some, if not all, of the expenses of living elsewhere and safeguarding her belongings from damage could be covered by renters insurance.

Is there any form of legal action that I can take
You? No. Your mother is the tenant. IF there is any action to be taken, she will have to be the one to take it. Whatever you are doing is voluntary and doesn't entitle you to compensation.

Beyond that, there may be some remedies in the WA landlord tenant statute:

http://app.leg.wa.gov/RCW/default.aspx?cite=59.18

I suggest you and your mother sit down and review it carefully and thoroughly.
 

Zigner

Senior Member, Non-Attorney
While you may not have a case against the LL, you certainly are in a position to request compensation from mom. In fact, since you are not requiring her to pay, her claim against the LL is reduced because she's not paying anything for her housing.
 

HRZ

Senior Member
You might be smarter to actually bill mom for various services rendered and have proof of actual payment .....mom has a weak point for damages she never suffered to pay

I did not read your lease or law...mom may have a pretty good case for total rent abatement while unit was not habitable ...she needs to check it out
 

Phoenix18

Member
Thank you all for the input. I of course would much rather avoid a lawsuit against the LL, but am definitely going to leave it on the table. I am going to plan a meeting with the LL and my mother to discuss compensation for my mother. We will put together an itemized bill. I am going to request that this bill amount be deducted on my mothers next rental payment plus a deduction due to the fact the house was inhabitable during construction. If that request is turned down, I will file for a lawsuit at that time.
 

Phoenix18

Member
Also, is the Landlord required to provide a temporary residence for the tenant during the homes constriction if it is not habitable, or is that the
requirement of renters insurance?
 

Zigner

Senior Member, Non-Attorney
If I were the LL, I would be hesitant to include you in such discussions. This really is a matter between mom and her landlord.
 

Gail in Georgia

Senior Member
Are you on the lease? If not, YOU have no legal standing to file a lawsuit against the landlord. Don't be surprised if the landlord refuses to include you in any discussions with the legal tenant (your mother).

Gail
 

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