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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39043
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I was on a month to month contract. I kept paying the full

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I was on a month to month contract. I kept paying the full rent even though my landlord wouldn't fix the stove, the oven, the leaking roof etc etc etc. He was even sited for lead contamination. Financially unable to move right away, I eventually moved 12 months later. If I didn't pay the rent he would bring me to eviction court and in Washington not paying due to such circumstances or reducing rent because of diminished residence is not allowed. Can I take him back to court now that I have left for over payment?

The statute of limitations on a breach of contract claim in Washington is six years. RCW 4.16.040. The limitation period for the violation of a statute is three years. RCW 4.16.80(6). .Since your claim is based upon either the lease contract or the landlord's statutory maintenance requirements, as long as no more than three years has passed, you can sue the landlord for the diminished value of the rental property.

Hope this helps.
Customer: replied 4 years ago.

My concern is that I was negating my claim by making each subsequent monthly payment. By virtue of doing that am I not showing I agree with the property as is?

Unless your payments were made subject to your writing "full satisfaction check" on your payments, or otherwise stating that the payment was made as an "accord and satisfaction," then you have not compromised your right to try to recover any amount of damages for diminish value.

Hope this helps.
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