APARTMENT MANAGEMENT PROBLEMS -- I need advice on this TODAY -- Drop you two cents?

Question

Hey guys, I live in this apartment complex (Hillcrest Estates, 1007 130th ST SW, Everett, WA 98208). I've been here for 3 1/2 months -- it's been 3 1/2 months of nightmare. The main issue now is I'm unable to sleep because the tenant's bathroom fan downstairs is loud. It make a ground-type vibrating noise which disturbs me during the day, wakes me up during the night as soon as it gets turned on, keeps me up all night if they were ever to forget it on over night, and I'm automatically on the tenants morning shower schedule at 5 o'clock. This is really pissing me off... you know how it feels when you're trying to sleep and something constantly wakes you up.

There were two fans that were doing that. It was like a generator in the beginning; they changed one, but the other is still bad.

Now, I've talked to management, one girl there in particular came out patronizing me, telling: "I'm sorry we're not changing the fan -- this is an apartment complex."

I told her, well, this is not the first apt I've rented, and do you not care that as a tenant this is impacting my ability to sleep. She reiterate: "We're not having this conversation, we're not changing the fan."

They came upstairs and witnessed the noise and witnessed that I had to leave the master bedroom and go try and sleep in the kitchen where the noise seems less.

I've dealt with this for over 3 months, I feel as though I'm entitled to some pains and suffering, which I've actually suffered from not sleeping.

There are many other things wrong with the unit including that it takes 5 minutes to fill up a gallon of water from kitchen sink, which they refuse to fix. The stairway/entrance to our building is filthy (which they told me prior to move in that they'd pressure wash -- never did).

I've written them a letter regarding these things a month after I've been there. They have a signed copy as well as I, stating that they've acknowledged the issues and would attend to them.

The woman that came up today stated "you can do what you wanna do". I'm on a year lease with them.

Please, tell me something, somehow I can get them pretty nasty, because I wasn't looking to be patronized after I've patiently dealt with this for so long unable to sleep.

If there's no way to get them back, how do I walk away from this without being in default for breaking a lease -- because I obviously WILL NOT deal with this for a year. Thanks a million.

Answer 1

She had no right to be rude to you about it but they are not legally required to fix anything you have asked for. No landlord is ever legally required to replace a loud fan. If it does indeed work & is not aw fire hazard they are not breaking any laws. They are also not legally required to provide high water pressure. Taking a long ti me to full something is not a big deal & is also not legally required to be fixed. If you do in deed have running water then they are not breaking any laws. Landlords are not legally required to keep public areas clean, yes they should but it is not legally required in many states. SO long as the state of uncleanliness is not causing a health hazard they are not breaking any laws there either.



When tenants repeatedly ask for things to be fixed that the landlord is not required to do they sometimes develop an attitude problem. We don't like getting harassed over things we do not have to do any more than tenants do.



Yes some of those things really should be taken care of and most good landlords would, but since they are not legally required, there is nothing you can do to force a bad landlord to if they refuse.

Answer 2

While I feel your pain if you leave you will be in default of your lease agreement. Everything you've listed is not a valid reason to break a lease. a dirty hallway and a slow water pressure are not lease breaking issues.



Does the fan turn on with the light or is it separate from the light? If it is combined then unfortunately you cannot ask the tenants to stop using the fan, if it's separate maybe you can talk to the tenants and request they not use it.



Your only other option is to use ear plugs and sleeping pills.



the onsite manager has a boss that is usually the management company/owner of the property. See if you can find out who manages the property and write to them.



I think it's crappy they won't fix the fan but unfortunately there's nothing you can do and it's not enough reason to break your lease without all the consequences.

Answer 3

You seem to have a sense of entitlement as a renter. That is not how life works. Rather than trying to find a solution and resolve the issues like an adult, you want revenge. There are always problems in every apartment. There is nothing here that you mentioned which is required by law to repair. You just happened to rent in a place that is not the nicest one.



You can power wash yourself or hire someone to do it. You can sleep in a different room, or put extra layer of carpeting on the floor.



You have a binding year contract and cannot break it. You lose your security and get sued for the whole year. Try to find a solution. Maybe they have a different apartment you can switch to when one becomes vacant. Use your head to find a solution since the management does not care.

Answer 4

You biggest issue here is that all the things you listed are not issues as far as the laws concerning 'habitability". But, I understand that they are issues none the less.



You have written letters. You have complained.



So, now I would write a letter to the owner of the property. NOT the management company. Tell them all of this (and be civil about it). Tell them you would like to discuss being released from the lease so that you can move where you can sleep. As a second issue bring up the rude manner in which the management company has not only failed to address this life effecting issue..but have demonstrated disdain for you and your loss of sleep.



Try to get them to open the conversation about letting you break the least, and move some where else

Answer 5

Unfortunately, as stated by others there is no legal habitability issues so they are not required to fix the problems you have outlined.



Here are some options

1) offer to pay for the cost of replacing the fan

2) buy yourself a sleep sound machine

(I know it doesn't seem fair for you to have to pay but I am just listing ideas)

3) break your lease (which could be quite costly and more $ than #1 & #2 above)

4) put up with it as is.

Answer 6

You *may*, and I emphasize MAY, be covered here under the right to quiet enjoyment. If the fan is constantly going and disturbing your life, then this MAY be grounds to break the lease. You'd need to consult an attorney or legal aid and figure out if it applies to this situation.



Otherwise, I recommend a white noise machine and silicone earplugs. You can also offer to pay to have the fan changed. Nothing else here is grounds to terminate a lease.

Answer 7

If you want to go to court over it, file a complaint at the Superior Court in your county. Charges will be held against you if you do anything illegal, including breaking the lease. But all things considered, it sounds like you want to break the lease anyway to get out early, so... seek legal aid and go to court to get out of your lease. Or just deal with it.