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I am disabled with severe asthma and my landlord gave me a…

I am disabled with...

I am disabled with severe asthma and my landlord gave me a 30 day notice to vacate after I asked for mold growing in one of my bathroom ceilings to be properly remediated. I have sealed that bedroom and bathroom off but it is very difficult to find a new place where I can live. He said I should vacate so he can replace all the pipes in the unit but a plumber came and fixed the leak and said the pipes look fine it was just a leaking joint and and inspection company I hired came and checked all the walls and ceilings and floors with an infrared camera and said there were no more leaks anywhere. There are two more units occupied that they did not ask to vacate out of the 6 unit building total. What can I do?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

I am in Washington State

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Month-month and not issues

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They took the sheetrock out of the bathroom ceiling and fixed the leak but still have not remediated the mold and replaced the ceiling and its been a month

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Customer reply replied 7 months ago
Well the problem was discovered the first week in December they took the bed sheet rock out and fix the lake on the 27th but I still haven't remediate the mold on the beams and put the sheet rock back
Answered in 22 minutes by:
1/15/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 22,837
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Customer reply replied 7 months ago
Furthermore can my month to month lease be terminated without it being discrimination because I'm disabled

I am sorry to read about your difficulties.

Your Question

What can I do?

Response: DO NOT comply with the eviction notice. Do not move out because the eviction is retaliatory. You are being evicted for exercising your Tenant's rights and complaining to the Landlord about existence of mold.

There is no self-remedy to eviction actions in Washington State. This means that at the expiration of the eviction notice, the Landlord cannot change the locks or throw your stuff out to force you out. The Landlord must use the Court system to accomplish the eviction. This means that the Landlord must file eviction action with the Court and serve you with the Summons and a copy of the Complaint so that you can file an answer and tell the Court why you must not be evicted: retaliatory eviction because you complained about mold issue; the Landlord did not ask other Tenants to move out in order to fix a non-existing leak issue.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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Furthermore can my month to month lease be terminated without it being discrimination because I'm disabled

Response: Yes. Being disabled does not mean that a Tenant cannot be legally evicted.

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Customer reply replied 7 months ago
But how his termination of lease any different than refusing to rent the property to you if you're a new renter
Customer reply replied 7 months ago
With a disability

Your lease can be terminated for reasons not having anything to do with your disability. Your disability does not prevent the Landlord to regain possession of his or her premises.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 22,837
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 7 months ago
Ok thank you
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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