<html><body><span style="font-family:Verdana; color:#000000; font-size:12pt;"><div>Hello all,</div><div><br></div><div>Fact pattern: Residential lessee in Snohomish Co. Two main issues:</div><div><br></div><div>-Constructive Eviction(?): Lessee (T) notifies owner's agent of roof leaks and gradual distintegration of roof over period of about 18 months. Owner's (O) agent (A) consistently states owner intends to replace roof but is gathering estimates. Spot repairs are done reasonably timely but are a constant nuisance. Roof leaks again; T contacts A, who notifies T that O has contracted for replacement and it is set to begin in less than 48 hours. Noise and falling roofing drive T out of the house for two days. T requests refund of two days' rent for the constructive eviction; O refuses.</div><div><br></div><div>-Loss of Use: T notifies A of other defect which affects a large part of the exterior of the property (large deck). A tells T to stop using the area until it can be assessed by a qualified professional or repaired. Initial assessment doesn't occur until more than 10 days later but qualified professional (engineer) isn't sought until more than 30 days later. O solicits bids and evaluations from two more engineers (sounds like forum shopping) until third engineer (also at least the fifth to assess and recommend repairs) agrees deck may be used with restrictions. This occurs at the 98 day mark. As of day 112, repairs still have not begun and O now wants another estimate.</div><div><br></div><div>Questions: Can T claim daily rent plus meals out during displacement due to roofing? Can T claim for loss of use during prohibition on use or use restriction of use on deck, and if so, how much? Other claims or causes of action? T plans to vacate at the end of the lease term; tired of consistent pattern of neglect and dilatory conduct.</div><div><br></div><div>thank you.</div><div><br></div><div>David<br></div></span></body></html>