[WA] Grounds to sue a landlord for breach and fraud in WA
In Mercer Island, Washington, do I have grounds to sue my landlord for breach of lease, retaliation, utility fraud, and emotional distress or constructive eviction?”
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Based on what you’ve shared, here’s a general overview of how Washington law applies to your case:
1. Breach of Lease Agreement
The landlord’s written promise to add you to the lease, followed by complete inaction, could constitute breach of contract or bad faith. In Washington, oral or written promises from a landlord can create enforceable terms, especially if you relied on them. Retroactive inclusion may be difficult, but this strengthens your standing in related claims.
2. Tenant Retaliation (RCW 59.18.240–250)
If your lease was downgraded shortly after you complained about unsafe conditions or tenant harassment, this could qualify as retaliation. Washington law prohibits landlords from taking adverse action in response to tenants asserting legal rights or reporting violations. Your timeline strongly supports a retaliation argument.
3. Utility Fraud / Overcharges
Charging one tenant for 100% of shared utilities without accurate metering or apportionment may violate Washington’s Consumer Protection Act (RCW 19.86). Given the documented billing history and the landlord’s long-term pattern, this could justify claims for restitution, statutory damages, and potentially constructive fraud if done knowingly.
4. Constructive Eviction / Emotional Distress
If the landlord knowingly allowed dangerous or intolerable conditions — harassment, vandalism, threats — and failed to intervene, this could support a claim for constructive eviction. However, emotional distress damages are generally only awarded if the landlord’s conduct was intentional and outrageous, which is a high bar under Washington law.
5. Potential Remedies
You may be able to seek:
- Damages for utility overcharges and losses
- Attorney’s fees and costs (per RCW 59.18.290)
- Sanctions or injunctions related to harassment and unsafe housing
Your documentation — texts, billing records, police reports, and court filings — will be critical.
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I live in Mercer Island, Washington. I want to know if I have grounds to sue my landlord for:
- Breach of lease agreement
- Tenant retaliation
- Long-term utility fraud
- Emotional distress or constructive eviction
Lexi, Chatbot
I understand you’re facing challenges with your landlord. Have you documented any specific instances related to the breach of lease, retaliation, or utility fraud?
Lawyer, please.
Lexi, Chatbot
Can you provide details on how your landlord’s actions have impacted your living situation in Mercer Island?
Lexi, Chatbot
Is there anything else the landlord-tenant lawyer should know before I connect you?
No.
Legal Eagle
Hello! I’m Legal Eagle, and I’m an attorney specializing in landlord-tenant law. I’ll be happy to help you with your situation.
Can you please elaborate on the specific issues that you believe constitute a breach of the lease agreement?
Hi, yes — I have a full write-up I’ll paste here. One moment.
1. LEASE MISREPRESENTATION
In March 2023, I requested to be added to Will’s lease as a co-tenant. The landlord agreed in writing (via text), asked for a $30 application fee and credit check, and said the update would be effective April 1, 2023. I submitted everything promptly.
He never followed through. Despite reminders and full compliance on my part, he ignored the request and never updated the lease.
Legal Questions:
- Is this a breach of contract or bad faith under Washington landlord-tenant law?
- Can I demand retroactive lease inclusion or relief?
- Does this impact my standing to file claims?
2. RETALIATORY LEASE CHANGE
In April/May 2024, shortly after two squatters (Jason and Pepper) moved into Unit A and began harassing us and filing false complaints, the landlord unilaterally converted Will’s lease from fixed-term to month-to-month.
There was:
- No violation by us
- No justification given
- Immediate weakening of our tenancy rights
Legal Questions:
- Could this qualify as retaliation under RCW 59.18.240–250?
- Is there any case law supporting tenant remedies for this?
3. UTILITY OVERCHARGES — WATER & SEWER (2011–PRESENT)
The house has one shared water meter for both units. The landlord:
- Charges tenants 100% of the bill, including usage, taxes, sewer, and maintenance
- Splits costs only when both units are occupied
- Charged Will 100% of the bill when Unit A was vacant (most of the time from 2011–2023)
We estimate over $30,000 in overcharges due to this. Will has billing records for more than 10 years.
Legal Questions:
- Is this an unfair or deceptive business practice?
- Could we recover damages under consumer protection laws or housing codes?
- Does this support a claim of constructive fraud?
4. NEGLIGENT TENANT SCREENING & ONGOING HARASSMENT
The landlord admitted in court filings that Jason and Pepper violated their lease and owe over $18K in back rent.
They were not screened and have violent criminal histories.
We’ve endured harassment, threats, vandalism, and false complaints. The landlord ignored all of it and sided with them. We’ve filed police reports and have active civil protection orders against the squatters.
What We Want to Know:
Do we have grounds to sue the landlord for:
- Breach of lease agreement
- Tenant retaliation
- Long-term utility fraud
- Emotional distress or constructive eviction
Can we demand:
- Retroactive lease correction
- Compensation for overcharges and distress
- Legal fees or sanctions against the landlord
Evidence We Have:
- Texts showing the landlord’s written promise to add me to the lease
- Full water bills and payment records (2011–present)
- Police reports and court filings against Jason and Pepper
- Witness declarations, photos, and videos of harassment
- Eviction documents showing landlord acknowledging squatters’ violations
Legal Eagle
Thank you — I received your full message. I sincerely apologize for the delay; there was a brief technical issue, but I’m here now and appreciate your patience.
One moment while I review your details.
Legal Eagle
Based on what you’ve shared, here’s a general overview of how Washington law applies to your case:
1. Breach of Lease Agreement
The landlord’s written promise to add you to the lease, followed by complete inaction, could constitute breach of contract or bad faith. In Washington, oral or written promises from a landlord can create enforceable terms, especially if you relied on them. Retroactive inclusion may be difficult, but this strengthens your standing in related claims.
2. Tenant Retaliation (RCW 59.18.240–250)
If your lease was downgraded shortly after you complained about unsafe conditions or tenant harassment, this could qualify as retaliation. Washington law prohibits landlords from taking adverse action in response to tenants asserting legal rights or reporting violations. Your timeline strongly supports a retaliation argument.
3. Utility Fraud / Overcharges
Charging one tenant for 100% of shared utilities without accurate metering or apportionment may violate Washington’s Consumer Protection Act (RCW 19.86). Given the documented billing history and the landlord’s long-term pattern, this could justify claims for restitution, statutory damages, and potentially constructive fraud if done knowingly.
4. Constructive Eviction / Emotional Distress
If the landlord knowingly allowed dangerous or intolerable conditions — harassment, vandalism, threats — and failed to intervene, this could support a claim for constructive eviction. However, emotional distress damages are generally only awarded if the landlord’s conduct was intentional and outrageous, which is a high bar under Washington law.
5. Potential Remedies
You may be able to seek:
- Damages for utility overcharges and losses
- Attorney’s fees and costs (per RCW 59.18.290)
- Sanctions or injunctions related to harassment and unsafe housing
Your documentation — texts, billing records, police reports, and court filings — will be critical.
Legal Eagle
Does this help clarify your options? Would you like me to outline the next procedural steps for how to formally file or send a demand letter under Washington law?
No further questions, thank you.
Legal Eagle
You’re very welcome. Thanks again for reaching out — I wish you the best in resolving this.
Legal Eagle
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