How do you defend against eviction based on false 3day notice to quit &is there any point in defending if we r already living elsewhere due to unit being uninhabitable due to an electrical fire? That is,3day notice lists us as putting other tenants in danger by leaving clothes near electric wall heater, ignoring that we never turned on heater (no reason to turn on when its hot), &that the clothes were probably at least 2 feet away from heater. Even, fire report acknowledges that smoke alarms didnt work in our unit &several others, b/c there were no batteries, and/or LL didn't maintain smoke detectors. We are staying elsewhere b/c LL refuses to put is in a vacant until ours is fixed, &doesnt want us to return to our unit when it is fixed. LL is retaliating against us4tenant organizing etc
You need to speak with an attorney immediately regarding the specifics of your matter. You need to re-enter the apartment and take photos, if you can. Also get a copy of any fire report for the fire from the fire department. You need to defend any action of eviction based on the fire because if you do not, then the LL can later sue you claiming that you were negligent in starting the fire. Furthermore, by defending the action, if you prevail, you may be able to get the LL to pay your moving expenses and a portion of your housing while you had to live elsewhere due to the fire. Again, you should definitely seek legal advice and defend this matter.
Feel free to contact my office at 424-634-7323 or contact on of the other attorneys for a free consultation.
Matthew Erik JohnsonBankruptcy AttorneySeattle, WA ·
Get a landlord-tenant attorney as Mr. Yarbrough suggested. He is absolutely right.
In WA, which may be slightly different in your jurisdiction, latent - unknown defects are first the problem of the landlord, not the tenant unless you knew of the defect and failed to provide notice. Landlords should inspect the fire alarms regularly and inspect the electrical condition of the property.
Unless the tenant can prove that you committed the waste (waste is a nuanced term in the law, including property damage), the landlord is responsible to fix habitable defects; but habitability can be reasonably allocated but not abolished in the lease agreement. So, make sure you provide the lease to your attorney as well.
Not only may the landlord be liable for several problems (possibly providing grounds for punitives) , but if the landlord sues, or counter-sues against you, its a good idea to be prepared and get information very quickly. Absolutely get yourself ready just in case, and see what your options are. Get contact information from other tenants, take or acquire pictures if you can, and get to an attorney sooner than later.
