Hypothetical: taking tenant to court for damages

[Jack B.]

Carpet is so trashed that it may need to be replaced. They will shampoo as required by the lease before leaving for Texas (they even said so), but judging by the type and amount of stains on what was spotless carpet before, I feel it's more likely it will need to be replaced. 

Damage deposit will of course not cover that. I have a lease, with the address of the bank for the deposit and a condition inventory from when they moved in AND pictures of before and here pretty soon, after. So I think I'm airtight legally.

Since the tenant is moving out of state, I suspect that if she doesn't send payment for the bill related to the damages I will send her, filing a case in small claims court will likely make me the default winner, not because I have all the documentation, but because she isn't going to be able to afford to fly here to defend herself. 

Since I will be getting her new address in Texas where she is moving to, I can have a process server deliver the notice to her if it goes that far. Of course even if I win a judgement I doubt I will get any money from her, but at this point, she isn't going to get away with it without a huge ding to her credit and background.

Also, I wonder if I can pursue the lost rent for the month it takes to turn. Lease says I can, and it's the lease provided by the state attorney generals office for landlords in WA. As of now I've been unable to rent the place to a new tenant because of the condition of the place.

[Marcia Maynard]

Originally posted by @Jack B.:

Originally posted by @Marcia Maynard:

Originally posted by @Jack B.:

Since we are on the topic of misinterpretation, I think you misunderstand the residential landlord tenant lease provided by the AG's office. The lease template is written by attorneys. They provide a lease agreement that is to the letter of WA state law, and even cites RCW's.

I just called the Washington State Attorney General's office and they confirmed they do not provide residential landlord-tenant leases. I read to them what you posted and they said they have no knowledge of that lease agreement coming from their office. They provide resources on their website, but do not provide, nor endorse residential lease agreements.

Did you ask every person at the AG's office, past and present, or the person at the front desk that answers the phone and probably doesn't know much, lol? I suspect the ladder, as I doubt they just transfer you right away to the big wigs to ask questions. The lease was a template I downloaded from the AG's office years ago. 

In any case aside from your misinterpretation about giving the tenants a break on rent and the bad advice about whether I can sue them here if they move out of state, I can just send them to collections anyways. One thing I learned from this thread like many others here, is the quality of the advice is sub par. Lot's off people misread the information or just plain post their own subjective opinions as fact.

Would you be willing to show me the template that you downloaded from the AG's office years ago? I'd like to see how it's written and if it's still relevant to current L-T law. It's just that I've never heard of our L-T law allowing for a landlord to charge an outgoing tenant for loss of rent for the extra time it takes to turnover a unit that has more damages than normal. I've only heard that we can charge for the damages - labor & materials.

To answer your question, no, I didn't ask every person in the AG's office. I read the information on their website and made an inquiry by telephone. That seemed sufficient for me to determine the AG's office doesn't provide nor endorse a specific residential lease agreement for Washington State landlords. I try to keep current, so I was puzzled by what you originally posted. 

Thanks for clarifying what you meant when you said you were giving your tenant a break.... by not raising their rent sooner to market rate.

It's my intent to engage in helpful and respectful discussion. It's okay to have a difference of opinion too. I do think I provide a sound perspective that others find beneficial. I'm sorry if my perspective was not to your liking and not helpful to you.