Need to Break Lease, Landlord in Violation of Law

[SimonBest]

I recently signed a six month lease with a landlord. I have been living at the property for six months already so this was a new lease. She changed just about everything in the lease and told me I was responsible for the upkeep of the lawn and the roof. I tried to cross out the illegal things, but she was adamant.

I did not have the money to move--I have no savings--and so I felt that I had to sign the lease or be evicted.

I told her that she could not ask me to do this and she said then I had to hire someone.
The lawnmower isn't working and she won't replace it and is now threatening to require first last and a security deposit, which she has never asked me for, if I don't either fix or replace the lawnmower.

She raised my rent without 2 months notice and is now requiring a security deposit which she initially said I didn't need.

I want to break my lease because:
1. She did not give me 2 months notice for raising my rent and never sent me anything in writing.
2. She is requiring me to maintain the property which in Washington state is illegal.
3. She is refusing to repair equipment which came as part of the house and according to what I can find she has to maintain or repair.
4. She said I will only get my damage deposit back after she pays for normal wear and tear cleaning and "key fees."

Do I have cause to break my lease? I live in Kitsap County, Washington.

I am living paycheck to paycheck. This rent is more than half of what I make per month and I need to get out of here. I don't have the money to fix the mower and when I tried to discuss it with her, it quickly escalated into threats on her part.

I appreciate any help you can give me.

[sandyclaus]

Re: Need to Break Lease, Landlord in Violation of Law

I recently signed a six month lease with a landlord. I have been living at the property for six months already so this was a new lease. She changed just about everything in the lease and told me I was responsible for the upkeep of the lawn and the roof. I tried to cross out the illegal things, but she was adamant.

I did not have the money to move--I have no savings--and so I felt that I had to sign the lease or be evicted.

I told her that she could not ask me to do this and she said then I had to hire someone.
The lawnmower isn't working and she won't replace it and is now threatening to require first last and a security deposit, which she has never asked me for, if I don't either fix or replace the lawnmower.

She raised my rent without 2 months notice and is now requiring a security deposit which she initially said I didn't need.

I want to break my lease because:
1. She did not give me 2 months notice for raising my rent and never sent me anything in writing.
2. She is requiring me to maintain the property which in Washington state is illegal.
3. She is refusing to repair equipment which came as part of the house and according to what I can find she has to maintain or repair.
4. She said I will only get my damage deposit back after she pays for normal wear and tear cleaning and "key fees."

Do I have cause to break my lease? I live in Kitsap County, Washington.

I am living paycheck to paycheck. This rent is more than half of what I make per month and I need to get out of here. I don't have the money to fix the mower and when I tried to discuss it with her, it quickly escalated into threats on her part.

I appreciate any help you can give me.

You are not required to do anything that isn't included in your lease - PERIOD.

You are NOT required to pay for normal wear and tear (which falls under maintenance). Dirt ISN'T considered wear and tear, so if you are being charged for cleaning, that is appropriate and acceptable. If you return the keys, then there shouldn't be any "key fees". If she is changing locks after each and every tenant as a part of her routine preparation for the next tenant, then that is ALSO something that you shouldn't be charged for.

She is NOT allowed to increase the rent during the term of the lease unless there was a clause in the lease that allowed for it (and even then, only under very limited circumstances, such as breaking a lease term, like having an additional occupant or to allow for increased utility costs of the lease includes utilities).

That being said, if you agree with the terms of the lease, you were under no obligation to sign. Of course, you would have had to find a new place to live. If you had, then you probably wouldn't be so desperate to move now.

When you DO move, if you don't agree with any deductions from the security deposit, you can always sue her in Small Claims to recover what was improperly deducted. Read more about how to handle security deposits here: WashingtonLawHelp.org | A guide to free and low-cost legal aid, assistance and services in Washington

[AFFA]

Re: Need to Break Lease, Landlord in Violation of Law

I wish to inform you that it is the terms and conditions stated in the landlord and tenant lease agreement which will have jurisdiction in this matter. In a fixed term agreement, she may not normally raise the rent within the time period of the lease. You may give a written notice to the landlord for repairs. If the repairs are not completed within the time frame as prescribed in RCW 59.18.070 (1) to (3) then you may break the lease.

AFF

[goddessoflubboc]

Re: Need to Break Lease, Landlord in Violation of Law

Looks like it's the LL who will be doing the chasing - OP states there was no security deposit.

In the future don't sign what you don't agree with. If you were month to month previously then the LL would've had to give you notice to move.

[SimonBest]

Re: Need to Break Lease, Landlord in Violation of Law

So, in Washington state, if I signed this lease, I have agreed to the terms, even if they are not legal?

Do I have any legal cause to break this lease? And if I do what will happen?

[sandyclaus]

So, in Washington state, if I signed this lease, I have agreed to the terms, even if they are not legal?

Do I have any legal cause to break this lease? And if I do what will happen?

If there is no specific law against it, the clause isn't illegal. Maybe unethical or unconscionable, but not illegal. Any illegal clauses wouldn't be legally enforceable. Any that aren't illegal, you agreed to and ARE enforceable.

Nothing you have said gives you grounds to break the lease without penalty. You can certainly move out early, but you would remain liable for rent until the end of the lease, or until a replacement tenant is found, whichever occurs first. The LL has a duty to mitigate their losses by actively seeking a new tenant.