Legal Question in Landlord & Tenant Law in Washington
Small Claims?
I recently moved out of my ex-boyfriends apartment where we were both lessees because he was using drugs, cheating and emotionally/verbally abusive. He got another roommate (or three) to replace what I was paying in rent. (Which was less then $400 a month.) When they moved out, they caused $1000 worth of damages but refused to pay. Since I was still on the lease, I paid all of it and I filed for small claims since I did not cause any of the damages. He says he wants to counter me with $2075 of back-rent from me moving out early. (This number is way higher then what I would have paid if I stayed living there). Can he do that? Or am I covered by rental abatement due to unlivable conditions (brought on by him?) I never pressed any charges when I moved out and I know I should have gotten off the lease, but I was just happy to get out of there at the time because I didn't really have anywhere else to go. Also, if he had roommates covering my part of the rent, why would I have to pay him for money he did not directly loose?
1 Answer from Attorneys
Re: Small Claims?
His reaction is fairly typical. Did he ever once suggest when you left that you owed him money? Or, did that only crop up once he'd been served with your small claims suit?
Sounds as though you did the correct thing by moving out, and the correct thing again by paying the landlord, and then again by suing the persons responsible for your losses.
If his countersuit is frivolous you have two options. In the course of the small claims suit, you can ask the court to dismiss his claim, or you can ask the court to let you remove the whole case to District Court so you can have a lawyer.
Your last sentence is what the Judge is going to ask your ex. Your ex didn't lose any money because you left because he got roommates to cover the rent you would have paid, so he didn't lose anything. Besides, your complaint is about the damages they caused, not rent.
The tricky bit is going to be showing the condition of the premises at the time you left. Did you take pictures? Can you prove (other than by your statements) that the place was in good shape when you left? Did you and the landlord do a walk though?
Judges don't have a lot of patience with drug users. But you still beed to be able to prove what you are saying, which is more than just saying it loudly.
Call or email if you need more help. Elizabeth Powell
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