I told my landlord about a smoke alarm that is not working or malfunctioning. I did not specifically state that it was

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Customer: I told my landlord about a smoke alarm that is not working or malfunctioning. I did not specifically state that it was the smoke alarm in my room. It indeed was the smoke alarm in my room I was talking about. Landlord did provide the battery for the smoke alarm and the problem got fixed. That is the smoke alarm for my room. Several weeks later I complained that the kitchen needs a smoke alarm. Landlord claims that the smoke alarm has always been there. She did not do anything about the problem. It never was resolved. She instead said that she provided a battery for it and the problem got fixed. She is essentially exploiting my lack of clarifying the location of the first smoke alarm to make it look as though she fixed the kitchen smoke alarm. Can she actually make such a case?
Answered by Nate in 1 hour 2 years ago
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Nate
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Nate, Expert

Thank you for your question. My name is ***** ***** I will be assisting you today.

Are you saying there is no smoke alarm presently in the kitchen?

And what city and state are you located?

Customer
Correct.
Seattle, WA
Customer
There is a smoke alarm however in the home, just not in the kitchen
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Nate, Expert

Seattle codes does not necessarily require one in the kitchen. Here is a brochure covering what is required. They are required in all the bedrooms and also in hallways adjacent to the bedrooms.

If you want one in the kitchen you're going to have to ask to install that yourself, or have it done at your expense. Based on the code requirements the landlord is compliant if the bedrooms and adjacent hallway have them installed.

Customer
I included the smoke alarm as one the 7 reasons why I am terminating the lease. Since my claim about the smoke alarm is invalid, have I breached the contract?
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Nate, Expert

I suppose that depends on what the other 6 happen to be. Just because one wasn't actually an issue doesn't mean the others aren't.

Customer
Here are the other 6:the spider infestation, gutter problem, cleanliness of common areas, failure to provide a 24-48 hr notice to enter home, provide sufficient security for my door, leaking faucet, and provide a smoke alarm for kitchen within 10 days,Do you know if it is lawful for me to use those other 6? I am not going to use the smoke alarm issue.
Customer
The problem with the gutter, is it was leaking a sheet of water. When I tried to enter the home, I got soaked because of all the water coming down in a sheet from the gutter. So I don't know if my claim is valid. I have a picture of this, where it appears almost like a waterfall.
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Nate, Expert

The law requires you to give the landlord the chance to remedy them before you can terminate the lease. That would mean 10 days from the time you provide them written notice. It also depends on how much of an issue something happens to be before you can break the lease.

For example, if the spiders are really that bad, you could justify it. Security can be an issue like that, but I'm not sure what is lacking with security. The entry without notice must be an ongoing thing - if they just did it once you can't really terminate just on that.

Smaller things are when you ask for a discount on rent or take them to small claims court. But it all has to start with written notice giving the landlord the chance to remedy the issues.

Customer
The spider issue was one of the first things I complained about. So many spiders. I finally started to take pictures. The first time I told her about the spider, she replied by asking all the tenants about the spiders. She claimed that the tenants told her that there wasn't much of a spider issue. But there was. I saw so many spiders. Took several pictures from different dates.I told her that the house wasn't getting cleaned regularly. I have pictures of garbage piled up and just general uncleanliness of the place. The place was not getting cleaned like it was supposed to. She offered for me to pay for a cleaning service but I refused. She has tried to use this against me. There was nothing in the lease that required that I pay a cleaning fee.I gave her written notice about providing 24 hr notice before entering the home. She responded by saying that she only provides notice to tenants she does business with. Does that sound like admission of guilt on her part. I also have a picture of her car sitting in front of the house on a daye she never gave notice to visit the home. So it would be a total of two times I asked her about providing a notice. The second time I took a picture of her car. I gave her notice but she continued to come to the house without noticeAs far as the door situation, the front door to the house is ok. But the door to my room, I cannot lock it when I am inside the room. But I can lock it when I am outside the room. I lived with strangers so I was concerned about my security. I gave her notice about this issue more than two months ago. She failed to do anything about it. So.I reckon she is in violation. The only action or shall I say words, is she asked me if she should purchase a lockchain. I replied and said she should not because she needs a drill. She later claimed that this was my refusal for the lockchain. The situation with door was never resolved.As far as the leaking faucet, I noticed it leaking when I turned the faucet a certain way. It did indeed leak and cause me concern. I told her about. Again as with all issues she seems to dismiss it by asking other roommates about it and then saying it was not bad. The faucet situation wasn't leaking that bad, but she never corrected the problem. I wod have to agree that it wasn't too bad. But it certainly needed to be looked at before it got too bad.As far as the smoke alarm, I am not going to use this one, because she did have a smoke alarm in the house and my room, just not in the kitchen. She doesn't have to have one in the kitchen.Please let me know your thoughts on the above I have written about. I would greatly appreciate it. I did provide her notices for all the issues states above and more than ten days past for each one of them. None of the issues were corrected at the time I terminated the lease. Although she did finally bring out a contractor for the gutter problem, but on the same day I decided to terminate lease. She also went around and sprayed some sort of bug spray outside. But I saw a spider a day after she sprayed outside.
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Nate, Expert

We did discuss the spiders a couple days ago. That's the only issue of these that would actually be something that could justify terminating the lease early. The others are small claims type things that wouldn't be worth breaking a lease over.

Customer
She's been demanding rent from me and claimed that I have abandoned the lease. All my rent is up to date. Once the I sent her the notice I stopped paying rent.I offered her to sign a new lease but she would have to agree to correcting the 7 issues. Does this show good faith on my part. Should I send her another notice asking to sign a new lease but this time only request her to remedy the spider situation?Also it seems that she is rejecting my notice to terminate by demanding rent payment. If she is rejecting then I can continue to stay on the property. Problem is, she has changed the locks.
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Nate, Expert

Well, you are either staying or you're not. It's not anything more complicated than that, and you don't offer a new lease to a landlord over issues you're having with how they're maintaining the property.

If you've told her you're breaking the lease and have left she is right to assume you've broken the lease and abandoned the property. That doesn't mean she is going to stop trying to get rent from you that she believes you owe.

Customer
I don't really have the option to stay there or not if I wish. She has changed the locks. She is demanding that I pay her for the locks she change.Is terminating my lease the same as breaking it?Is she in violation by changing the locks?
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Nate, Expert

They both involve not continuing with the lease. Parties often disagree what is a permissible termination / breaking of a lease.

If you already said you were leaving and left it's not a violation to change the locks.

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