Consumer Law, Warranties Spokane, Washington: Cancel House Lease?

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David_Copeland

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My son leased a house last week with a $200 deposit. The lease says owner leases house as a fixer upper. He's now found a leaky roof, faulty foundation, and rat poop.

He has not moved in with any furniture or with his wife and child because of the rats. It's been a week.

Now he wants out and his deposit back.

Any statutes on this?
 
I don't understand what is going on -- what is a "fixer upper" and what does this mean? I'm assuming that someone makes repairs?

The most important place to find remedies is within the lease itself. We don't have it so answers cannot be so easily forthcoming.

That said, it is the responsibility of the landlord to provide to ensure the residence is habitable. This is called the "warranty of habitability" and it is implied in every lease. Leaky roof and faulty foundation can cause a house to be uninhabitable if serious and your son might be able to get out of the lease using that theory. The landlord will have to fix up the place up -- it cannot be rented to a person in a condition that is uninhabitable. Note, your son cannot be living in the house while claiming that it is uninhabitable and must vacate within a reasonable time after it is deemed uninhabitable.
 
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