what if the landlord lost our lease?

Question

it has come to our attention that our landlord has lost the lease we signed. we live in the state of washington.

anyone know what our rights are legally? can we move out early if they don't find the lease?

we are sick and tired of their disorganization, and this really is the last straw for us. we don't want to be here any longer than necessary.

these are apartments, by the way.

we were not offered a copy of the lease, nor did we ask for one at the time we signed (i know, we should have). i'm just wondering though, if they cannot provide the lease at all, then where is any proof whatsoever of our rental agreement?

About a week ago it was brought to their attention that they had misplaced our entire file. The file has personal info such as SS#s and such.

Now they have had a week to look for it and have yet to find it. They promised they would look for it today and call me back, but they haven't contacted me yet. :-(

It is also an issue because we think we have been overpaying for rent for the past year, and that they made a mistake on the paperwork.

Answer 1

I'm pretty sure that if there is no lease, you have no contractual obligation. But shouldn't you have a copy of the lease? If he gave you one, which he should have, and you should have asked for if he didn't, then you are aware and tied to your contract. If as you stated they are disorganized they may have done things themself that break the lease. Ex: if somthing broke and they never fixed it in a reasonable amount of time, they broke the contract and you would be allowed to leave.

Answer 2

In the absence of a lease, the landlord would have a difficult time in a court of law showing that you breached the lease. However, do remember that this lease may merely be misplaced and later found. Guess what the landlord will do if and when they find the lease ?