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Updated over 8 years ago,

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1,888
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1,045
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Jack B.
  • Rental Property Investor
  • Seattle, WA
1,045
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1,888
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Hypothetical: taking tenant to court for damages

Jack B.
  • Rental Property Investor
  • Seattle, WA
Posted

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.

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