I am severely allergic to Cig smoke. Her mother (tenant in house I rent garage area from) smokes and it comes through my vents. My LL told me to tape dryer sheets over the vents. The smoke still permeates my apt. Also, there is no independent heat source, I have to use space heaters 24/7 which is a firehazard when I am not home. I have to leave them on for my pets and they constantly shortcircut the unit, which leaves the place dark, nonfunctioning, and freezing until she has time to come flip the breaker in the main house. I have found numerous parties willing to take over my lease but the LL refuses. There is no paragraph anywhere in my lease that gives me options, or penalty for breaking lease. If I walk, with a written notice, am I within my legal rights? Can she pummel me legally?
First thing you might want to check is whether the City knows you are living in the garage and whether that is permitted in Lynnwood. You cannot be held to an unlawful agreement, and you cannot be blamed for this. Secondly, stop talking to your landlord, and write a short letter saying, "I don't seem to have a heat source or any way to reconnect the power. would you fix this please?" THEN wait 24 hours, and then take your lease and a copy of the letter you wrote to the City's Building Department, and ask them to set up the mandatory RCW 59.18.115 inspection.
*IF* the City did not give your landlord planning permission to rent out the garage, which I highly doubt, you are not just going to get out of this agreement, your landlord is going to have to pay YOU. See RCW 59 18 085 and my Legal Guide on this subject.
Stop taking legal advice from your landlord. You have important rights here. NO ONE has the right to make you live with no heat. I know what you were asking about was the cigarette smoke. When you get compensated for this situation, you can use the money you receive to find a new place to live. As this plan also allows for reasonable attorney fees, don't hesitate to contact me or Robyn Freeman, who understands this and is a lot closer to you.
Hope this helps.
I agree with Ms. Powell's advice and if the space is not up to code or does nt have an occupancy permit you may be entitled to a refund of the rent you have paid. Look at the steps outlined in RCW 59.18.115 and go over them with a lawyer with your paperwork in hand.
Good Luck
