Failed to give damage report

[Marcig]

My husband and I own a house in WA state that we rented out for the 1st time. Our first tenants moved out and we failed to give them a damage deposit notice within 14 days as required by our state. We have also lost the copy of the original lease (they were month to month when they moved out) When we did finally send the advice of deposit we deducted 1/2 months rent because they never paid rent for the last 2 weeks they were there. They are now taking us to small claims court to get their full deposit back (which I understand we will have to return in full). They are also say they paid the last months rent with their 1st months rent, (which they actually did not) and have included a 1/2 months rent in their claim also. We received a verbal notice of their intent to move which was delayed from the end of the month to 2 weeks later because the closing on their house was late. My question: Since there is no copy of the lease will the tenants have to provide proof they paid the rent they claim? Since they didn't pay the 1/2 month's rent can we also file a claim or send the account to collections? This has been a painful lesson!!

 

[HomeGuru]

T will have to prove that they paid. You can file a counterclaim for the rent owed to you. Be carefyl because T can ask for more than the amount of the security deposit. You need to read Title 59 RCW Landlord Tenant Chapter 59.18 Residential Landlord-Tenant Act.
If you do not know the laws, you will lose the case.

 

[Jack Mevorach, Esq.]

Since query is statute-specific, I advise to consult local counsel.