• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Sm. Claims: What can I bring to court?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

archenemy

Junior Member
What is the name of your state? Washington
I have a tenant in Idaho who is upset that I have charged her for cleaning and repairs that I had independent contractors complete (they were beyond the normal wear and tear I usually have from tenants). As per Idaho law, I kept her $400 deposit, charged her the outstanding amount (an additional $280) and mailed her copies of her lease (which specifically allows me to apply her deposit + further charges for these purposes), the contractors' reciepts, a letter explaining why and what I am charging for, and an offer to work out a repayment schedule for the remainder. I sent the letter certified mail.
My tenant called me and immediately threatened to sue me. She charged that I was trying to fleece her in order to fix up the house and put it on the market. (I sold the house after she moved out--sight unseen--to an investor. It closes 10/20). I told her that I'd prefer to work things out with her, but if she felt that court was the only option, then I would see her in small claims.

My questions are these:
1.) My before pictures are good, but my after shots did not turn out well enough to see the actual damage she did to the walls that I am charging her for. Do I have to call that contractor into court to testify, or will a written statement do?
2.) The assistant who took the pictures is also willing to write a statement about the damage she inspected before she arranged for the contractor to come in--will that suffice or will she need to be in court as well?
3.) I found further damage (the backside of a door panel was kicked in, two screens have been destroyed, and a stove burner no longer works) to the house after writing her the letter and had other contractors come in to give me proposals. Can I sue for the amounts on these proposals in order to have this work done before the house closes, or can I only sue for work already completed?
4.) If I am unable to go to court (I work in WA), could I sign Power of Attorney to a non-lawyer representative for both the case I am being sued for and my counter-suit?

Thank you for your help and your expertise on this.
 


JETX

Senior Member
archenemy said:
1.) My before pictures are good, but my after shots did not turn out well enough to see the actual damage she did to the walls that I am charging her for. Do I have to call that contractor into court to testify, or will a written statement do?
Bring in the contractor or any other witnesses as to the condition. Written statements are NOT sufficient as they cannot be questioned or viewed.

The assistant who took the pictures is also willing to write a statement about the damage she inspected before she arranged for the contractor to come in--will that suffice or will she need to be in court as well?
See above.

I found further damage (the backside of a door panel was kicked in, two screens have been destroyed, and a stove burner no longer works) to the house after writing her the letter and had other contractors come in to give me proposals. Can I sue for the amounts on these proposals in order to have this work done before the house closes, or can I only sue for work already completed?
You can sue for anything you want. The court will decide whether to include or not. In my opinion, if you can show that the tenant was liable for the damage, the court will include.

If I am unable to go to court (I work in WA), could I sign Power of Attorney to a non-lawyer representative for both the case I am being sued for and my counter-suit?
Nope. You MUST show up as you are the ONLY person who can present your case as first-hand.... anything by others is hearsay.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top