Estate Law Questions? Ask an Estate Lawyer.
Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
My landlord did not collect a pet deposit. I had put one cat on the rental application which is the one that had the accidents. However my son's cat moved in as well which the landlord knew about. That cat died. My son and I adopted two female cats which my landlord was aware of due to the adoption agency calling her as a reference.
Simply put my former landlord is verbally badgering me and is not working and can not apparently afford the loss of a good tenant who paid their rent on time for over 3 years. I gave the legal 20 days notice.
My former landlord did collect $800 damage deposit. I also never did a move in or move out check list. As previously stated my landlord did not collect a pet deposit.
I am assuming that the proof is my landlord stated "applicant isn't owing a balance for damages because it will be covered by security deposit" on the confidential background screening report. Can the landlord even though putting this in writing legally expect the tenant to pay over and beyond wear and tear damages even if she was told about it prior to move out in a voicemail left and confirmed in a email by the landlord?
This isn't about money. It's the about principal. Right & wrong. The landlord has been unprofessional, making threats, and their financial situation.
It sounds like if I have my ducks in a row when I go to small claims court I may have a case. By submitting the following:
1.All emails (beginning to end of tenancy) and text messages. Definitely can get a sense of verbal harassment/abuse, threat to tell landlord I did not give landlord required 20 days noticed (landlord would of preferred 30-60 days),and retaliatory behavior.
2.Copy of the Confidential Background Screening Report with statement of "applicant not owing a balance for damages due to security deposit"
3.No move in/move out checklists required by WA law
4.No pet fee collected
Should I request a copy of the last 3 years of rent being paid on time by my bank?
The real kicker to all this is I never had any issues until the landlord knew I was considering moving out. Also the landlord was a acquaintance of a former friend.
You've been very helpful with getting my ducks in a row!
I feel more prepared to go to small claims court with your advice/guidance. Should I respond to her email about taking me to small claims court or allow the lack of response be the answer?
My father's name was Paul, it's a good name in my book. Thanks again and hopefully regardless of the outcome my former landlord will walk away taking home the lesson of being more professional with tenants.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).