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Updated about 8 years ago on . Most recent reply

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34
Posts
7
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Gabriel Miller
  • Investor
  • Everett, WA
7
Votes |
34
Posts

best way to litigate against tenant that abandons property

Gabriel Miller
  • Investor
  • Everett, WA
Posted

Hello friends,

In October I had a tenant abandon my SFR. They left the place a mess. Most of the damage was due to their dogs that were in the lease agreement but I wouldn't think that matters. Their security fee was only $1500 so I am still out a lot of money (see breakdown below). I figure I am out about $9000. Washington State Small Claims court maximum is $5000. Should I take them to small claims court or should I do something else? I wonder if the $4000 difference between the $9000 I am claiming and what the $5000 allowed by small claims could be eaten up by legal fees or a smaller judgement than my claim. Legal fees should be part of the judgement but I guess I am worried about these people figuring out a way to avoid paying by going bankrupt or something and me being out more money for legal costs. I have never litigated against a tenant so this is all new territory for me. Does anyone know of a good lawyer I should talk with and maybe hire? Any good books or other resources out there on this?

Losses:

-4 months rent that the place has been vacant while I have done repairs while also trying to rent it back out (it has been listed):  $7000  

-Labor and materials for damage repairs and cleanup:  $4000  (60% these costs are to replace carpets destroyed by their dogs.  The prior carpet was not new but it was not destroyed.)

Thanks,

Gabe

Most Popular Reply

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5,544
Posts
2,364
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Jeff B.
  • Buy & Hold Owner
  • Redlands, CA
2,364
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5,544
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Jeff B.
  • Buy & Hold Owner
  • Redlands, CA
Replied

Look for a "Skip Tracer".  You can have any Process Server handle the serving and they will perform "legal service" so you may proceed regardless.  However, as I said, you can easily win - - but you'll never collect.

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