Puyallup, WA tenants refusing to pay.

[Dan Krupa]

Previously had a property manager running one of our properties in Puyallup, WA. Under the previous property manager the old tenant broke the lease without providing proper notice to vacate, damaged the property, and did not pay the final months rent.  Total damages and back rent is $2800, after security deposit was withheld.  The property manage charged the old tenants for the sum of $2800. The old tenants got a personal injury lawyer who mailed us saying they refuse to pay and in turn will sue us if we do not pay $800 to them.(we have terminated relations with the property manager) 

We are in the military and deployed over seas.  We are not afraid to go to small claims court; we have all the documents and photos to back up claims for monies owed to us.  We sought legal advice and responded in turn to their attorney. We have not heard back in over 20 days from their attorney.  

Does anyone have anyone recommendations regarding what we can do?  Do we have to go to small claims court in WA state, we are stationed on the East Coast, or do we have other options to collect the monies we are owned? 

We would truly appreciate any help you anyone could provide.  

[Marcia Maynard]

I am in Washington State, and can only say, if it were I, I would review the final report on return of deposits issued to the tenant by the previous property manager. If they missed the 14 day window, then you need to return all of the security deposit, regardless of the damages and unpaid rent. You could still pursue a claim for unpaid rent and damages, even if for technical reasons you had to return the security deposit.

Seems odd a personal injury attorney was involved on the tenant's behalf, unless the tenant had a personal injury claim against you. Usually tenants just go to an agency that helps tenants out with landlord-tenant issues or they contact legal aid.

What is the basis of the claim of the tenant, as presented by their attorney? Is their attorney legit? Why $800? Is that the amount of security deposit withheld or is that the amount of something they claim they did not damage or is that the amount of rent that they claim they paid but was not credited? On what basis are they claiming they do not owe the $2800? Did the previous property manager present the tenants with an itemization of charges?

Curious... What was your response to their attorney?

If you have examined the matter and have determined you are still in the right, you can turn it over to a collection agency and let them pursue it. If you have a court judgement in your favor, it will make the job of the collection agency much easier. But that would require more effort and money on your part to pursue. If the tenant is judgement proof, then it will be almost impossible to collect regardless. Even with a judgement you would be fighting an uphill battle, unless the tenant's wages could be garnished.

Sorry you are caught in this situation. [No legal advice] Good luck!