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Our Landlord has agreed to work in lew of rent-and continues

 
ANDREA,'s Avatar
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Customer Question

Our Landlord has agreed to work in lew of rent-and continues to bring us some supplies to work on house, Yet suddenly he gives us a 20 day notice to vacate-no reason. He has suddenly been coming onto property daily - replacing broken glass in 50+ year old windows. After refusing to fix anything - even stating he will not repair anything else in the house. our hot water heater is leaking and barely working, we have 23 holes in roof -that his insurance company told him to replace roof - he hasn't We have 23 separate holes in roof needless to say the insulation is soaking wet -what there is of it. Black mold grows on all windows and walls and many things have been ruined from the mold. We are leaving on AUG 31--but he wants us out on the 21 by a 20 day notice not even notarized!! I am disabled - just had back surgery a few months ago -and very little income. We are in Renton Washington -and not sure if he can even evict me. How can I keep him off property until we are gone? Can you write him a letter or?

Just wanted to add this is just the tip of unmade repairs -he never does maintenance - and house has major termite infestation that he claims to not see-- and just nailed a board over some of damages and called it fixed!! He also expects my husband to do electrical work knowing my husband is not licensed. Hubby refuses. Now he claims we owe him rent-he cannot have it both ways either he say money and he repair - or as for the past year or more excepting work in place of rent.

 

Optional Information:
Country relating to Question: United States
State (if USA): Washington

Already Tried:
Asking landlord in writing and showing him over and over black mold

Submitted: 281 days and 7 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Expert:  ANDREA, replied281 days and 7 hours ago.

Hi, Welcome to JustAnswer, Thank you for your question,



My name is XXXXX XXXXX X would be glad to help


I am sorry to hear of how the landlord is treating you,


1. Is the landlord's agreement to let you occupy the property in writing in exchange for working on the house instead of paying rent ?


2. If so, how long is the lease term ?



Thank you, and I look forward to your reply,



ANDREA

Customer replied281 days and 7 hours ago.

The agreement was basically oral- but we do have all emails dating back to 2008 - but more recently this last year discussing repairs -and him emailing telling us he is bringing supplies..or more stating he could not afford supplies.

Lease has been up 3 years now-- so I guess it was an totally unleased month to month--

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Expert:  ANDREA, replied281 days and 7 hours ago.

Thank you for your additional information,


I researched the law in the State of Washington and found that you and the landlord have a Month to Month tenancy and under the Revised Code of Washington, and specifically, §59.18.200, the law provides that either party can terminate the tenancy upon giving the other party notice of at least twenty days before the end of the following month which means, for example, if the landlord wants the tenant to vacate the property by September 30, then the landlord would have to give written notice to the tenant by August 10, so that there will be 20 days in August, preceding the month that the landlord would want the tenant to vacate.



RCW 59.18.200


"(1)(a) When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of twenty days or more, preceding the end of any of the months or periods of tenancy, given by either party to the other."



I did not see any special provisions for tenants with disabilities, I wish I could offer you different options, but the law did not provide for any, so I respectfully XXXXX XXXXX you do not hold the law applicable to your situation against me when you rate my service to you,




Please be kind enough to rate my service to you as "Excellent",


If you rate me at anything less than 3 stars, it will appear as a negative rating against my name,


If you need clarification, please let me know by pressing the "Reply" button,


Thank you for allowing me to be of service,



ANDREA

Customer replied281 days and 7 hours ago.

n some situations where the tenant has a disability that impairs their ability to move out, they may request a reasonable accommodation for more time under Fair Housing laws. If the landlord refuses to provide an accommodation, the tenant can file a complaint with their local office of Civil Rights.
I found this in doing research..
What about his coming on property daily? Isn't this harassment?
How can he in same month on same day-- bring us supplies to work on the house and hand us a 20 day notice? How can he have it both ways?
Totally confused.

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Expert:  ANDREA, replied281 days and 6 hours ago.

Please accept my apology for the oversight regarding the question about the landlord's intrusion onto the property,


A landlord cannot come onto the property while the tenant is still occupying it because whether the lease term still has several months or years to go, or is a month to month term, or whether it is a written lease or an oral lease, the law implies that the tenant shall have the right to "peaceful enjoyment of the leased premises" and this prohibits the landlord from coming onto the property for no reason while it is still occupied by the tenant.

If you and the landlord had an agreement that you could occupy the property and in lieu of rent, you would perform certain repairs or maintenance on the property, then the landlord would have the right to deliver supplies upon reasonable notice to you, not just "pop in" unannounced. If no value of your services was discussed, then it will be difficult to ascertain how much work you would have to do for the landlord and for how long. It would have saved any arguments and any misunderstandings if a certain value and a certain amount of work was specified and agreed to at the time this arrangement was made.




Please be kind enough to rate my service to you as "Excellent",


If you rate me at anything less than 3 stars, it will appear as a negative rating against my name,


If you need clarification, please let me know by pressing the "Reply" button,


Thank you for allowing me to be of service,



ANDREA

Customer replied281 days and 6 hours ago.

Last question
How do I stop him from this daily being on property?

Accepted Answer

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Expert:  ANDREA, replied281 days and 6 hours ago.

You simply tell the landlord, politely, yet firmly, that while you are still occupying the property as a tenant, he will have to call you in advance and ask if he can come onto the property.




Please be kind enough to rate my service to you as "Excellent",


If you rate me at anything less than 3 stars, it will appear as a negative rating against my name,


If you need clarification, please let me know by pressing the "Reply" button,


Thank you for allowing me to be of service,



ANDREA

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.7 %
Accepts: 5935
Answered: 8/9/2012

Experience: 25 Yrs. Family Law, Estates, Real estate & Bus. Law, Criminal Defense, Immigration, Employment Law

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Customer replied281 days and 6 hours ago.

Thank You very much
Hopefully He will respect my request to keep off until we leave.

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Expert:  ANDREA, replied281 days and 6 hours ago.

You are very welcome. I hope he honors your request, also because, as I said, a landlord cannot just drop in whenever he feels like it while a tenant is occupying the property,



Kindest Regards,



ANDREA

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Expert:  ANDREA, replied280 days and 2 hours ago.

I strive to give customers the best service possible. I researched your question under the laws of the State of Washington, cited the Washington Statute for your reference and gave you a well thought out Answer along with Answers to all your follow up questions. May I ask what was lacking in my Answer, or did I not fully Answer all your questions that caused you to ask and receive a refund after you Accepted my Answer ?


I look forward to your reply,



ANDREA

 
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