Legal Question in Landlord & Tenant Law in Washington

I am a landlord of a single family unit considering suing my former tenants for repair of damages above and beyond their damage deposit, for clean up & repair. The tenants left me with 3,940 pounds of garbage. Another 1,000 pounds of items donated to local charities, and 7 seven major appliances that I had to get rid of. Not to mention the over 140 hours of labor put into cleanup, repair and painting.

The only response from my former tenante was, "you have $1800.00 of my money (damage & security deposit) don't call me".

The repairs and cleanup cost me $2500 out of pocket, there is an estimate for $2500 for repair of stained and scratched hardwood floors, and $2800 worth of billable hours ($20.00 an hour as stipulated in the lease for 140 hours of labor). Do I have a case worthy of a small claims hearinig?


Asked on 2/07/11, 10:44 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

To answer your first question, yes, you have what appears to be a case. For purposes of this response, let's assume that there are no defects in your claim. In other words, you will win if you go to court. Fine. Your analysis cannot stop there.

You need to ask, "Assuming I win in court, is there anything to collect from the tenants?" In other words, are they�what lawyers often refer to as�"judgment proof?" You see, it does you no good to sue and chase someone down who has no assets, no income, or very little for you to chase down. You probably already have an idea if your client has good credit and a job, and how much they earn. If you think you stand a chance at collecting, then yes, you ought to consider bringing a suit.

Given the dollar figures you mentioned above, this is not a small claims case, so you need to bring the case in district court. Unlike small claims, you can have an attorney in district court, and considering how much is at stake, you would be wise to have an attorney represent you. If your lease is well written, it ought to have a provision in there that relates to attorney's fees being awarded to the prevailing party in any litigation arising out of the lease. In other words, the loser not only pays damages, but attorney's fees on top of that.

As this is an area of law I practice in, I am happy to at least review the documents and assess the case based on the actual documentation, and if it is good to go, represent you in this matter.

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Answered on 2/08/11, 5:52 pm


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