What is the name of your state (only U.S. law)?
Washington State
Hello.
A property manager/ roommate has done things of questionable legality. I am woundering what my options would be in small claims court to get compensation for this month, which ha has actively done things to force me out to the house, such as to cut off access to internet, even though it was included in the rent.
There was only a verbal agreement, so I will be using our email correspondence as evidence.
I will first copy/ paste the email I sent him that focuses on the legal issues that would be brought up in court, then I will copy/paste the entire email conversation for context.
Some notes before I start.
1. He makes allot of claims about my character, my hygiene, and how much I contribute to the house... None of these accusations are actually true. But I do not focus on them as I dont think they would be legally relevant in this context.
2. We had been extremely friendly with one another for the first 6 weeks. Things started to go downhill when I told him about my religious beliefs.. I believe this has been the cause of his hostility. But im not sure how much this would just be a distraction from the real legal issues that would be focused on.
3. I am well aware that in Washington state he doesnt have to have a reason to give 20 days notice to terminate agreement and have me mover out. I dont object to that. I object to retaliatory actions without notice or legal proceedings.
Ok. Here we go the most relevant email first.:
Me to Property Manager:
"Dear Craig,
This morning, I asked if you would have time to talk, you said "I have nothing to say to you, and you have nothing to say to me that I want to hear. Just get out of my house as soon as possible."
Again. If you actually sat down and talked to me, we could work something out and I would leave tomorrow.... But barring that, and without any direct communication. I feel I must inform you what options are and are not available to you from a legal perspective.
1. In regards to the pineapple, You can either talk to me, and we can work something out, or you can sue me in small claims court... of corse, the only thing you can get there is money for the actual value of said item, and that would be 13$, which was offered by me and refused by you... Would actually ordering the pineapple fix things? At this point, I doubt it, but if you think otherwise, either talk to be or communicate with me via writing or email and we can work it out.
2. You are no legally allowed to kick me out or physically remove any items from my room. In the event of an illegal lockout, I would be within my rights to cause physical property damage to regain entry, however, I would be required to compensate the landlord for the damage... I dont think I would go that rout. Too much drama. I would just call the cops in this event.
3. As a property manager or landlord, you are not legally allowed to restrict access to the common areas.
4. Verbal rental agreements are valid in Washington. New rules such a change in access to the garage/ Shed need to have documented 20 day notice before they can take place. The lockout of the shed/garage is currently illegal without the above mentioned notice.
5. Access to paid for utilities can not be restricted without documentation, and notice. And then notice can only be given if payment has not been made. As our verbal rental agreement was for 400 a month with internet, garbage, water, electricity, sewer, and heat included, you are currently intentionally violation.... This needs to be fixed now.
6. Before I was just taking your word that you would fix the window, this was a mistake. I hereby provide a documented request that a repair needs to happen on my window. The timeline for a non-essential request such as this needs to happen within 10 days. (6/17/2012)
7. Discrimination of any sort against a protected class status, such as race, gender, religious afiliation, or disability is illegal in Washington state when dealing with tenets... Like it or not, the Temple of Set is a legal religious corporation afforded the same rights as any religious orginization
8. You may serve me with written notice to terminate tenancy and have me move out. This would go into effect 20 days from the written notice. Though as that's about the time im moving out anyways, and you would have to paypack the 3 days I paid for but did not use (27th-30th), and as I am willing to move out just as soon as I am compensated for the last months rent I already gave you, this hardly seems worth even mentioning.
9. I do have a right to seek direct contact with the landlord. Especially in the case when the landlord's representative (you) are unwilling to communicate. Retaliation for this, or any other arbitrary rule created without 20 day written notice, is illegal, and will be regarded and documented as such.
10. As a precaution, I also find it prudent to state here that it is a federal offence to withhold anybodies mail for any reason..
Any of these points can be discussed or negotiated in a mature and calm manner. However, as you are unwilling to communicate directly, I will be be using the legal as default.
Some Sources:
RCW 59.18.300: Termination of tenant's utility services
RCW 59.18.290: Removal or exclusion of tenant from premises
RCW 59.18.070: Landlord
RCW 59.18.240: Reprisals or retaliatory actions by landlord
RCW 59.18.200: Tenancy from month to month or for rental period
RCW 59.18.250: Reprisals or retaliatory actions by landlord
http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.030"
================
Now the whole email in context:
EDIT:
My post was too long.
If you wish to see the entire email in context, I linked it here:
http://www.isitlegalto.com/washington-law-legal-forum/26334-landlord-cutting-off-internet-part-paid-utilities-other-options-small-claims.html#post38933
He also hinted at physical violence, and hinted at calling child services because of my religion... but at the end of the day, I think the most tangible arguement I would have in small claims court would be the internet being cut off, even though it was already paid for.
What do you think?
What could I do in small claims court?
What sort of compensation could I aim for?
Washington State
Hello.
A property manager/ roommate has done things of questionable legality. I am woundering what my options would be in small claims court to get compensation for this month, which ha has actively done things to force me out to the house, such as to cut off access to internet, even though it was included in the rent.
There was only a verbal agreement, so I will be using our email correspondence as evidence.
I will first copy/ paste the email I sent him that focuses on the legal issues that would be brought up in court, then I will copy/paste the entire email conversation for context.
Some notes before I start.
1. He makes allot of claims about my character, my hygiene, and how much I contribute to the house... None of these accusations are actually true. But I do not focus on them as I dont think they would be legally relevant in this context.
2. We had been extremely friendly with one another for the first 6 weeks. Things started to go downhill when I told him about my religious beliefs.. I believe this has been the cause of his hostility. But im not sure how much this would just be a distraction from the real legal issues that would be focused on.
3. I am well aware that in Washington state he doesnt have to have a reason to give 20 days notice to terminate agreement and have me mover out. I dont object to that. I object to retaliatory actions without notice or legal proceedings.
Ok. Here we go the most relevant email first.:
Me to Property Manager:
"Dear Craig,
This morning, I asked if you would have time to talk, you said "I have nothing to say to you, and you have nothing to say to me that I want to hear. Just get out of my house as soon as possible."
Again. If you actually sat down and talked to me, we could work something out and I would leave tomorrow.... But barring that, and without any direct communication. I feel I must inform you what options are and are not available to you from a legal perspective.
1. In regards to the pineapple, You can either talk to me, and we can work something out, or you can sue me in small claims court... of corse, the only thing you can get there is money for the actual value of said item, and that would be 13$, which was offered by me and refused by you... Would actually ordering the pineapple fix things? At this point, I doubt it, but if you think otherwise, either talk to be or communicate with me via writing or email and we can work it out.
2. You are no legally allowed to kick me out or physically remove any items from my room. In the event of an illegal lockout, I would be within my rights to cause physical property damage to regain entry, however, I would be required to compensate the landlord for the damage... I dont think I would go that rout. Too much drama. I would just call the cops in this event.
3. As a property manager or landlord, you are not legally allowed to restrict access to the common areas.
4. Verbal rental agreements are valid in Washington. New rules such a change in access to the garage/ Shed need to have documented 20 day notice before they can take place. The lockout of the shed/garage is currently illegal without the above mentioned notice.
5. Access to paid for utilities can not be restricted without documentation, and notice. And then notice can only be given if payment has not been made. As our verbal rental agreement was for 400 a month with internet, garbage, water, electricity, sewer, and heat included, you are currently intentionally violation.... This needs to be fixed now.
6. Before I was just taking your word that you would fix the window, this was a mistake. I hereby provide a documented request that a repair needs to happen on my window. The timeline for a non-essential request such as this needs to happen within 10 days. (6/17/2012)
7. Discrimination of any sort against a protected class status, such as race, gender, religious afiliation, or disability is illegal in Washington state when dealing with tenets... Like it or not, the Temple of Set is a legal religious corporation afforded the same rights as any religious orginization
8. You may serve me with written notice to terminate tenancy and have me move out. This would go into effect 20 days from the written notice. Though as that's about the time im moving out anyways, and you would have to paypack the 3 days I paid for but did not use (27th-30th), and as I am willing to move out just as soon as I am compensated for the last months rent I already gave you, this hardly seems worth even mentioning.
9. I do have a right to seek direct contact with the landlord. Especially in the case when the landlord's representative (you) are unwilling to communicate. Retaliation for this, or any other arbitrary rule created without 20 day written notice, is illegal, and will be regarded and documented as such.
10. As a precaution, I also find it prudent to state here that it is a federal offence to withhold anybodies mail for any reason..
Any of these points can be discussed or negotiated in a mature and calm manner. However, as you are unwilling to communicate directly, I will be be using the legal as default.
Some Sources:
RCW 59.18.300: Termination of tenant's utility services
RCW 59.18.290: Removal or exclusion of tenant from premises
RCW 59.18.070: Landlord
RCW 59.18.240: Reprisals or retaliatory actions by landlord
RCW 59.18.200: Tenancy from month to month or for rental period
RCW 59.18.250: Reprisals or retaliatory actions by landlord
http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.030"
================
Now the whole email in context:
EDIT:
My post was too long.
If you wish to see the entire email in context, I linked it here:
http://www.isitlegalto.com/washington-law-legal-forum/26334-landlord-cutting-off-internet-part-paid-utilities-other-options-small-claims.html#post38933
He also hinted at physical violence, and hinted at calling child services because of my religion... but at the end of the day, I think the most tangible arguement I would have in small claims court would be the internet being cut off, even though it was already paid for.
What do you think?
What could I do in small claims court?
What sort of compensation could I aim for?
