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.
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.