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Question

I have a rental property where a small leak in the roof has now become a major repair problem on the inside of the structure. I have tried on three occasions in the past month to seal the roof on the outside, unfortunately, without success. The people who are there will not allow appropriate access or time to repair this correctly. This situation has become a health hazard (mold, falling ceiling debris) and will need a major restriction of use,(the leak is in the kitchen) while the corrective action is taken.They have been notified of this in writing, but are refusing to vacate. Should I ask the local health department to step in and declare it unsuitable for habitation at this time, so I can save my investment? Or do I need to go through the lenghthy process of eviction while my structure falls apart?

Submitted: 130 days and 6 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: Washington

Already Tried:
attempted to repair problem outside befor it became a problem inside. notified occupants of need to repair PRIOR to occupancy, while internal problem was still small and obtained verbal agreement that access would be granted as needed. attempted to scedule time with the occupant but when he realized the total possible "tear up & repair time" and the inconveniences involved he "opted out" of repair.

Posted by xavierjd 130 days and 6 hours ago.

Info Request

Thanks for using JustAnswer.com

 

Do you have a written lease with the occupants?

 

Thanks

130 days and 6 hours ago.

Reply

No, sir. They have been given the rental agreement, the pet agreement, we have done the initial "walk-through" and they have refused to sign any of them. Further, the check they wrote for the pet fee came back NSF and they have refused to correct these things even though the Notice to Vacate that I posted stipulated all of these reasons/requirements.

Posted by xavierjd 130 days and 6 hours ago.

Answer

Thanks for the information.

 

The tenant has a right to quiet enjoyment of the demised premises. Nevertheless, the landlord has a right to reenter the premises for certain specified reasons. These include entry in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. The landlord's requests to enter for these reasons are not to be unreasonably refused. RCW 59.18.150(1).

Except in cases of emergency or if it is impracticable to do so the landlord is to give at least two days notice and only for such times of day as are reasonable. RCW 59.18.150(5). The landlord must not abuse the right of access, use it to harass the tenant, or unreasonably interfere with the tenant's quiet enjoyment.

 

see: http://accessevictions.com/landlord-tenant-law/washington-landlord-tenant-law/the-landlords-right-of-entry-in-washington-residential-tenancies/

 

The landlord must provide and maintain the rental property, and must obey the rules of the rental agreement. The landlord (or his/her representative) must be accessible to the tenant and must:

  • keep the premises up to code;
  • maintain the roof, walls and structural components;
  • keep common areas reasonably clean and safe;
  • provide a reasonable program for control of pests;
  • provide necessary facilities to supply heat, electricity, and hot and cold water;
  • provide reasonably adequate locks;
  • maintain appliances furnished with the rental unit; and
  • comply with any duties imposed by local laws.

Below is a sample 48 Hour Notice of Entry:

 

 

 

TO:____________________________________

_____________________________#______

_______________________WA. ________ COUNTY:____________

 

 

TWO DAY NOTICE TO ENTER (RCW 59.18.150)

This notice is to advise you that the landlord/agent wishes to enter the premises at the date and time listed below to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, and/or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

 

 

__________________________between:_________________________

(Date) (Time)

 

 

Unless we hear from you to the contrary, we will presume we have your full permission to enter the dwelling unit at that time. Thank you for your cooperation in this matter.

 

Please Note - The Landlord-Tenant Act prohibits tenants from unreasonably withholding consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. Violations of the landlord's right to enter may result in damages of $100.00 per violation and attorney's fees. RCW 59.18.150.

 

 

Dated :______________________

 

OWNER or Agent: ______________________________________

 

 

NOTICE TO ENTER (RCW 59.182.150(1))

 

Hopefully, this notice will resolve the problem. If not, you should call your city officials. If you have a rental ordinance, or the building does not comply with other codes, the city may also be able to intervene on your behalf.

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can receive credit for answering the question. Thank you.

 

Legal Disclaimer: This is for informational purposes only and does not constitute legal advice. No attorney/client relationship has been created.

 

 

130 days and 5 hours ago.

Reply

Thanks, but I already had all of the above information. I need to know how I can get these types of repairs done, (I have to do them because I can't afford a contractor) with people trying to live in this type of hazard? I work 40 hours a week myself, so I can repair things in pieces, but the place will remain unsafe during all of the construction, not to mention the health hazards. The liability here could be ENORMOUS! Would you not recommend the Health department intervention, or just the city's possible intervention?

Accepted Answer

I apologize for the delay in answering you. I am suffering from a cold and I fell asleep.

 

You should contact the city (especially if there are environmental hazards) first. Then, after getting the input from the building officials, seek the intervention of the health department.

 

Honestly, the easiest way to gain repossession of the property is to begin eviction proceedings. You can do a 20 day notice of termination of tenancy. If they don't move, you evict them. That way, you will be better able to work at the premises during hours that are convenient for you.

 

If you evict the occupants, you will not subject yourself to any health department violations or code violations. If you have to use the governmental entities, you will be on their radar screen, and they may monitor your progress. If you go ahead and evict the occupants, you can proceed at your own pace, although you may have to get permits from the city for various repairs.

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.

 

Legal Discclaimer: This is for informational purposes only and does not constitute legal advice. No attorney/client relationship has been created.

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Expert: xavierjd
Pos. Feedback: 97.9 %
Accepts: 976
Answered: 11/1/2009

Attorney

17 years experience in all aspects of criminal law, landlord tenant, family law and small claims

130 days and 3 hours ago.

Reply

Thank you. I have posted all the correct notices and will mail them as well. I hope that you feel better. No further replies are necessary. Again, Thank You, Xavierjd!

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