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wowz727 · Aug 2, 2010, 10:48 PM

I have to break lease 2 mnths early,I gave roommate & landlords 30 day notice.I notified both that I was responsible and any consequences go towards me I would take care of any charges and punishment. My roommate decided to stay, landlords were fine with it. Now that I am moving roommate is threating to sue me if I take my furniture and other household items. Where do I stand legally?

AK lawyer · Aug 3, 2010, 01:24 AM

Need to know what state you are in.

wowz727 · Aug 3, 2010, 01:47 AM

Wa

AK lawyer · Aug 3, 2010, 10:34 AM

Thanks. So you live in Washington state.

The reason I asked is that in some states landlords have a possessory lien on furniture, etc. There is such a lien in Washington, but it appears that it doesn't apply with respect to residential situations:

RCW 60.72.010
Liens created — Priority — Extent — Exceptions.

Any person to whom rent may be due,. shall have a lien for such rent upon personal property which has been used or kept on the rented premises by the tenant, except... No writing or recording shall be necessary to create such lien; and if such property be removed from the rented premises and not returned to the owner, agent, executor, administrator, or assign, the lien shall continue and be a superior lien on the property so removed for ten days from the date of its removal, and the lien may be enforced against the property wherever found.. . The provisions of this chapter shall not apply to, nor shall it be enforced against, the property of tenants in dwelling houses or apartments or any other place that is used exclusively as a home or residence of the tenant and his or her family.

RCW 60.72.010: Liens created ? Priority ? Extent ? Exceptions.

wowz727 · Aug 3, 2010, 10:59 AM

Thank You, it's my furniture but the roommate feels that I should give it to her since I broke the lease, she says she is sueing me for breaking a legal contract with her. My landlords are fine with me leaving. I feel that since I offered to pay the fee for breaking the lease and allowing the roommate the option to move and clearing this matter up with the landlords I did the correct thing from my standing point.

AK lawyer · Aug 3, 2010, 11:34 AM

Originally Posted by wowz727

Thank You, it's my furniture but the roommate feels that i should give it to her since I broke the lease, she says she is sueing me for breaking a legal contract with her. My landlords are fine with me leaving. I feel that since I offered to pay the fee for breaking the lease and allowing the roommate the option to move and clearing this matter up with the landlords I did the correct thing from my standing point.

I see. If the roommate sues you, fine, but the furniture has nothing to do with it. If she eventually gets a judgment against you, she would have to then find your assets to sell and satisfy the judgment, etc. She has no rightful claim on the furniture at the moment.

From the roomate's perspective, what are her damages for your breaking the lease? I would think she would be obligated to pay your share of the lease, in addition to her share.

ScottGem · Aug 3, 2010, 01:20 PM

Was your lease with the landlord or with the roommate? If you paid for the two months to the end of the lease, then she has no beef with you. You gave ample notice that you were moving. So the most you would owe is the balance of the lease.

wowz727 · Aug 4, 2010, 12:11 AM

Thanks for the help. The lease was with the landlords. She is basically trying to blackmail me into leaving my furniture. When I told her in June I would have to move I offered to break the lease and take all consequences (should have gotten it in writing) she declined because she wanted to stay since she likes the property and is affordable. The landlords where fine with it and agreed to it. Well I'm taking my furniture so I guess I'll see her in court.

ScottGem · Aug 4, 2010, 03:52 AM

The problem may come if she calls the police when you pull up with the moving van. You will need some sort of proof of what is yours. Otherwise the police may stop you and tell you to settle it in court.

wowz727 · Aug 4, 2010, 11:26 AM

I have the receipts that are charged on my credit card. I was going to be nice and leave my 8x10 room rug and my $100 bbq since I have no room for them at my new place and she uses them but at this point I'd rather donate them than leave them here.

wowz727 · Aug 4, 2010, 11:28 AM

Originally Posted by AK lawyer

I see. If the roomate sues you, fine, but the furniture has nothing to do with it. If she eventually gets a judgment against you, she would have to then find your assets to sell and satisfy the judgment, etc. She has no rightful claim on the furniture at the moment.

From the roomate's perspective, what are her damages for your breaking the lease? I would think she would be obligated to pay your share of the lease, in addition to her share.

Her damages are my two months worth of rent left on lease equalling $650.