Implied in every lease agreement in Washington is a covenant, or duty of the landlord, to deliver exclusive possession to the tenant.[1] Preventing a tenant from gaining exclusive possession to land to which he or she is entitled under an agreement breaches this covenant and excuses any obligation to pay rent.[2] A tenant waives the right to rescind the lease but may still sue for damages when prevented from gaining possession of the demised premises at the beginning of the term, but waiting and occupying the premises as soon as they are available.[3] A lessee who is wrongfully refused possession of […]
Daily Archives: July 30, 2013
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