Washington State Tenacy Law and Illegal Activity

[harvestdezign]

First, the back story. My family has lived in our apartment complex for over 3 years. The first apartment we rented was next to a "den" of pot smokers, usually 8-10 people. It became so bad, that the smoke was coming through our piping, exhaust fans, and electrical sockets. After several complaints to the manager, we were given the option to transfer at no charge and with a guarantee our rent would not be increased at our next lease signing.

Management changed (person in office, not overall company), and needless to say, our rent was increased. By $60. We agreed, with complaint, and signed into another 12 months.

When our next lease was due to be signed, our rent again was going to be raised. An apartment we originally signed for $729/mo would now cost almost $850 (with required renters insurance). Long story short, we were not going to sign and decided to move, but it fell through and we ended up transferring to a smaller and more affordable unit; another 12 month lease was signed.

Present Day: Two weeks into the new apartment we began smelling a familiar smell. The neighbors frequently smoked so much pot we were unable to keep our front door open. What I can only describe as "deals" were being made between several apartments surrounding us daily. Leading up to a neighbor confrontation and assault, between the neighbors we are positioned in between. The apartment is one level, so basically the neighbor to the left assaulted the neighbor to the right.

Police were called. Neighbor to the left was found to have so many drugs and drug paraphernalia inside the home that both adults were arrested (one did also have an active warrant, and the police initially were there to arrest for the assault) and the child was removed by CPS.

Upon return, the drug activity has not stopped. Conversations are held about drugs, with the front door open loudly enough for us to hear in our home. We have an adolescent child who on several occasions has asked what the smell was.

It is unbearable and unsafe, to say the least. And now we're also sandwiched between the two neighbors who hate each other (neighbor to the right also has significant drug activity throughout the day, as well as recently released felons coming and going - overheard in conversation).

I have talked to the manager several times, and every time I've been told to simply "call the police". But these neighbors are clearly violent, repeat offenders, and have an arsenal of airsoft rifles they run around the complex shooting each other with. Fear of retaliation is at a definite "orange" level.

So, my question would be, what can we do? Legally? The management is aware of the arrests and the reason but has not evicted, claiming "they have to wait for the police report". But it has been over 2 weeks. It is horrible living here. Unsafe for all of us. We feel trapped. We are very low income, and moving is not an option as we have no additional resources and 3/4 of income goes to rent. What are our options? Are there any advocates who could get us into another apartment and help with security dep/pet dep/first and last month? Does the management have a responsibility to us at all? How do we approach this safely, without retaliation?

Any advice, offer of pro-bono case if we should be filing something against the property management group...anything is a help at this point!

Thank you in advance for all you may offer.

[harvestdezign]

I just did a little research and found that the property management group actually owns another property that I had lived at for 2 years, with excellent rental history. Would I be within my rights to request a transfer to that complex - in a comparably sized unit - honoring our current lease and guaranteeing the cost of rent we are currently paying for the next two years (the amount of time we have had to cumulatively deal with this type of situation)? Our would I need legal representation to advance to that level?

[AFFA]

I wish to inform you that you cannot terminate lease if your neighbor is involved in some illegal activity. If any terms of lease is violated then you can take action against landlord. Further you can discuss with the landlord regarding change of accommodation. You can always make an offer to amend the rental agreement and allow you to shift to new accommodation which is owned by your landlord but however agreeing to such a demand is the will of landlord. You can inform law enforcement agencies about any illegal activity so that you are not harassed.

AFF

I was under the impression that RCW, Title 59, Chapter 59.18, Section 59.18.130 regarding Legislative findings -- 1988 c 150 states:

"The legislature finds that the illegal use, sale, and manufacture of drugs and other drug-related activities is a state wide problem. Innocent persons, especially children, who come into contact with illegal drug-related activity within their own neighborhoods are seriously and adversely affected. Rental property is damaged and devalued by drug activities. The legislature further finds that a rapid and efficient response is necessary to: (1) Lessen the occurrence of drug related enterprises; (2) reduce the drug use and trafficking problems within this state; and (3) reduce damage caused to persons and property by drug activity. The legislature finds that it is beneficial to rental property owners and to the public to permit landlords to quickly and efficiently evict persons who engage in drug related activities at rented premises."

Also, under RCW 59.18.130 Duties of the tenant item (6) with listed violations 69.41, 69.50, 69.52, item (8)(a), (8)(b)(i), (8)(ii)(8)

If all of the above is referenced, you will see not only has the tenant clearly violated rental lease terms, but the landlord has violated Washington State legislation regarding the handling of the a fore mentioned tenant. Knowing this, and having the RCW for reference, what would your suggestion be for our family?

Thank you for your input and advice! It is appreciated!

[sandyclaus]

As the LL has said, and as I will tell you, you need to be calling the police EACH AND EVERY TIME an incident occurs. The more calls you make, the more likely that the offending tenants will be arrested and that police report can be obtained by the LL to support evicting these tenants. One of the reasons why they haven't evicted may well be the "everybody thinks somebody called the police, but in actuality, nobody called" mentality. If you are the one most offended, then you need to be the one who ALWAYS calls.

Originally Posted by Unregistered I was under the impression that RCW, Title 59, Chapter 59.18, Section 59.18.130 regarding Legislative findings -- 1988 c 150 states: "The legislature finds that the illegal use, sale, and manufacture of drugs and other drug-related activities is a state wide problem. Innocent persons, especially children, who come into contact with illegal drug-related activity within their own neighborhoods are seriously and adversely affected. Rental property is damaged and devalued by drug activities. The legislature further finds that a rapid and efficient response is necessary to: (1) Lessen the occurrence of drug related enterprises; (2) reduce the drug use and trafficking problems within this state; and (3) reduce damage caused to persons and property by drug activity. The legislature finds that it is beneficial to rental property owners and to the public to permit landlords to quickly and efficiently evict persons who engage in drug related activities at rented premises." Also, under RCW 59.18.130 Duties of the tenant item (6) with listed violations 69.41, 69.50, 69.52, item (8)(a), (8)(b)(i), (8)(ii)(8) If all of the above is referenced, you will see not only has the tenant clearly violated rental lease terms, but the landlord has violated Washington State legislation regarding the handling of the a fore mentioned tenant. Knowing this, and having the RCW for reference, what would your suggestion be for our family? Thank you for your input and advice! It is appreciated!

Your cites indicate that the legislation suggests that responding to drug activity in the appropriate manner is beneficial to LLs and tenants, but does not specifically identify a duty of the LL to do so. The LL either is in fear of retribution from these people, or he is gaining some benefit of the continued drug activity on the premises. Either way, repeated calls to police should gain their attention and allow them to take the appropriate action to catch these people in the act and reduce the drug activity on the property.

It may well be considered constructive eviction if the LL is knowingly allowing the drug activity to continue and failing to maintain a safe living environment for his tenants. You might want to contact an attorney to see about negotiating a buyout of your lease, or having them convince your LL that it would be in their best interest to allow you to transfer to a different property as you have suggested.

[harvestdezign]

Thank you, that was very helpful! The mentality that "the police may have been called" is mute though. There were 4 police cars, 6 officers, the Chief of police and 2 CPS workers. Most definitely everyone in my section of the complex is aware that this happened. They were also here for about 2 hours.

I'll look into an attorney, it sounds like my best option to get out of the lease, or at the very least, transferred to a different property.