Tenant responds to rental issues

Published 11:10 pm Saturday, September 25, 2010

Question: Before moving here I had a bad landlord. My number one complaint was poor maintenance and repairs. The apartment above me had plumbing problems which quite literally became my problem. A leak from an upstairs apartment left standing water in my apartment more than once, warped the flooring, got into the wiring so the outlets didn’t work, and even filled the ceiling light fixtures with water. Rather than have an electrician look it over, they said wait for it to dry out and use as usual. I continued to live there for a couple years after that, with the damaged floor and visibly damaged walls. The lease said I would pay the rent, maintain the residence, and live with whatever conditions I agreed to. However, the lease also said the landlord will be responsible for the condition of the building itself. If I’m expected to maintain the residence in like-new condition, I expect the landlord to also make repairs that leave it in the same condition. It only seems fair. The only thing I really hated to read in your recent column on landlords was the recommendation to get a credit report to find out if the tenant has a history of paying rent. I have lousy credit, but my credit report will not have one complaint from a landlord. Rent is my #1 bill I pay and my previous landlords will attest to that. However, I expect a landlord to look only at the fact that I have a poor credit report.

Answer: Thanks for your response from the tenant’s point of view to my rental column. Although I write from a real estate investor and landlord point of view, I always emphasize that landlords should treat their tenants fairly. You bring up a couple of very important points.

First, in regards the apartment you lived in with leaking plumbing, I don’t know what state you were living in, but the Washington Landlord-Tenant Act requires landlords to maintain their rental properties in a sanitary and safe condition.

I think that allowing leaking plumbing to leave standing water on the floor and filling light fixtures is definitely not safe or sanitary. The law includes an implied warranty by the landlord to keep the premises fit for human habitation and any clause in a lease that requires a tenant to waive that warranty will not be enforced by the courts.

If you have a maintenance problem in your rental unit, the Washington Landlord Tenant Law gives specific time limits in which the landlord must fix the problem: 24 hours if the defective condition deprives you of hot or cold water, heat, or electricity, or is imminently hazardous to life. There is a 72-hour limit if you are deprived of the use of a refrigerator, stove or major plumbing fixture, and 10 days for any other property defects.

As for your concern about credit reports, I understand and agree with you. This is a very difficult economy. Many otherwise responsible people have poor credit ratings today because of job losses, so most landlords (including me) are more lenient than they have been in the past. As I mentioned in my column and you pointed out in your letter, the most important reference is the previous landlord because if you make your rent payments on time every month, that’s a good sign despite a poor credit rating. However, please be aware that even if you have a reasonable explanation for your poor credit rating, most landlords will want to see a steady source of income to make sure that you can continue to make your rent payments in the future.

I realize that many rental applicants don’t meet the three times rent income standard any more, so most landlords are willing to be flexible on that as long as they have reason to believe that your income will continue for the length of the lease.

I believe that the landlord-tenant relationship should always be a win-win. As a landlord I expect my tenants to pay their rent on time and take good care of my property, and as a tenant you should expect your landlord to provide you with a clean, safe living environment and respond promptly to any maintenance issues or other problems.

Mail your real estate questions to Steve Tytler, The Herald, P.O. Box, Everett, WA 98206, or e-mail him at economy@heraldnet.com.