Tenant Services

Our services focus on debt and consumer protection issues surrounding tenancy.  We do not take all types of cases, rather, claims revolving around numbers as well as just cause violation evictions.

How we can help

We focus on dealing with landlords when it comes to deposit returns, collection claims, and negotiations.  We start by verifying that the landlord’s claims are legally valid and within industry standard.  We next identify any counter claims and leverage.  We then review your legal options from a litigation, settlement, bankruptcy, and out of court perspective.  For just cause violations, we review the facts and circumstances and can litigate, negotiate, and resolve the issue.

• Bankruptcy options if damages are large enough or you have sufficient other debts
• Consultation as to your rights and remedies
• Deposit return cases and/or claims for damage by your landlord
• Eviction Defense (for issues other than non-payment) and Just Cause Violations
• Lease break counseling and negotiation
• Litigation Options
• Negotiation & Settlement
• Repair issues to include repair and deduct and termination for failure to repair
• Review of damage claims for compliance with industry standards, depreciation for condition and time, and legitimacy

Common Counterclaims and Defenses to Collection

• FDCPA, FCRA, RCW 19.16, RCW 19.86, RCW 59.18, RCW 59.20, RCW 59.12, RCW 59.18.280, RCW 19.18.650, Fraud, Conversion
• Charging for cleaning or repair for ordinary wear and tear
• Claiming deposits are forfeit (and not even accounting for them or zeroing them out)
• Not applying a pet deposit fee to pet damage alleged
• Not depreciating items claimed as damage
• False claims of damage (usually claiming the tub, the stove, other similar items)
• You see estimates, not actual invoices with specific amounts.
• You see “round” numbers.  This indicates taxes were not charged and likely are estimates or made up.
• Upgrading the quality of a replacement item (so cheap tiles to nice wooden floor)

Successful Case Examples

Case 1: Tenant paid a portion of their deposit over time after they moved in.  The property manager failed to account for this deposit when itemizing damages after the tenant moved out.  The tenant has breached the lease and left early.  Landlord tried to charge around 10,000.00 in missed rent and damages.  Settlement after filing suit was a wipe out the claim and a settlement of $5,000.00.

Case 2: Landlord used unlicensed contractors to perform repairs.  The invoices were unreasonable and above market.  We wiped out a claim of around $7,000.00 with a mutual waiver of rights agreement without filing suit based on a threat of litigation.

Case 3: Landlord sent an 60 day notice to vacate as they were planning to move in.  We researched where the landlord lived and the value of the property and sent them a letter that our client would move but we would investigate if their present house was sold and if they actually physically occupied the rental.  The landlord capitulated and the tenant stayed the term based upon an email.  No litigation required.

Case 4: Landlord claimed a deposit was forfeit due to an early move out.  Forfeit means they wiped it out like it never existed.  We filed suit and settled for a wipe out of damages and a $5k settlement.

Case 5: Landlord refused to repair certain issues.  We sent a letter of termination for failure to repair to the landlord and client successfully ended the lease.  The landlord chose to handle the deposit properly and fairly so no further legal work was necessary.

 

Washington State Law Regarding Deposits: RCW 59.18.280

For a landlord to retain any portion of your deposit, they must:

1. Have placed your deposit into an escrow account separate from your rent
2. Have an initial walkthrough signed by both you and them (or their agent)
3. Have sent an itemized list of charges they intend to keep within 30 days of move out (time can very by agreement or if you are under the older 14 days standard)

Violations of the above enables you to sue for up to TWO TIMES the deposit amount and obtain attorney fees.  However, this amount can be offset by legitimate damages to the property or lost rents.  Accordingly, we advise caution before bringing suit and have the below rules of thumb that we use to accept clients.

1. Is the total amount that your landlord is retaining of your deposit below $1,000.00?  In general, cleaning and carpet fees plus modest painting will often time be between $500.00 to $1,000.00.  If you bring suit and the charges are legitimate and defensible, you may have to pay their fees.
2. Is your landlord charging you for more than two months of lost rents? In general, it takes a month or two to re-rent a unit.  If it takes three or more months, there needs to be a good reason.  This is generally going to be held to be commercially reasonable.  You may want to check the unit to ensure it was re-rented and if the landlord is double dipping.
3. Are parts and labor all listed as round numbers (meaning no tax added)? This is a hallmark of potential fraud.  Sometimes estimates alone may be used as a basis for recovery but usually it means they didn’t actually pay for it.
4. Are the parts and labor amounts above market?  Price things out yourself and call vendors to see what is commercially reasonable.  Ask the landlord for receipts.
5. Are the things they are claiming that need to be replaced old?  They don’t get to replace 10 year old carpet that is beyond expected life with fresh new carpet.  The landlord does not get to charge for wear and tear or refurbish the unit on your back.
6. Is the landlord charging both liquidated damages (lease break fee) and lost rents? Its one or the other, not both.  If your landlord is charging you for both, it represents a potential breach of contract and possibly a consumer protection violation.
7. Is the landlord claiming your deposits are forfeit?  This is not allowed under Washington law and must be applied against charges, not just zeroed out as if it never existed.

If the amount the landlord is keeping exceeds $1,000.00 and there are one or more potential red flags, suing or countersuing may be appropriate.

Even if the amount is reasonable, we can still attempt to settle, use bankruptcy, or other methods to avoid paying some or all of the debt owed.

If you are facing a deposit or collection issue relating to your tenancy, give us a call to schedule a free initial phone consultation to see how we can help.  206-535-2559.

 

Tenant Issue Guide

Below is a quick list of relevant code sections and recommended first steps.

• Code Violations
  • See RCW 59.18.085
  • First step is to contact code enforcement for your city and file a complaint, we need a confirmed violation to represent you
  • Second, if you have your confirmed violation, contact us to discuss.  There is a $150.00 fee.
    • You can recover the greater of 3x the rent or 3x the actual damages plus costs and attorney fees
    • You may be entitled to relocation assistance which is the greater of $2,000.00 or 3x the rent
• Deposit Return
  • See RCW 59.18.260, RCW 59.18.270, RCW 59.18.280, RCW 59.18.310, SMC 7.24.035, and SMC 7.24.038 (pets)
  • Contact us to review, it is a free consult
    • You can recover 2x the deposit, costs, and attorney fees
    • If it was sent to collections, you may also recover damages under the FDCPA and RCW 19.16
    • If there is fraud or unfair business practices, you can recover under RCW 19.86 potentially
• Discrimination & FHA
  • See 42 USC 3601, RCW 49.60, SMC 14.08 (Seattle only), RCW 59.18.255, RCW 59.18.257,
  • In general, discrimination is very hard to prove.  It requires admissible evidence that is likely to withstand objection.  Verbal testimony (your word vs their word) is the hardest to prevail.  Written or recorded evidence is the strongest.
  • We general advise you to contact HUD and the Washington Human Rights Commission to file complaints prior to representing you.  A right to sue letter goes a long way to a successful conclusion.
  • If you get a right to sue letter or have written or recorded evidence, call us to discuss.  There is a $150.00 fee for the consultation.
• Eviction Defense
  • See RCW 59.18.240 (retaliatory eviction), RCW 59.18.650 (just cause violations)
  • Contact us to discuss specifics, there is a $150.00 fee
  • Note: If you are being evicted for non-payment and there was a breach of a payment agreement, we might only be able to handle defending against the debt only, not the eviction itself barring filing a bankruptcy for you
• Fire, Mold, Pests, Water, and Insurance Issues
  • For fire claims, your first step is to make all applicable insurance claims.  This means a claim to your renters insurance.  This also means a claim to the landlord’s insurance if applicable.  Before contacting us, get the Fire Marshall’s report.  Be careful what you say to any insurance adjuster, yours or the landlord’s.  There will be a $150.00 review.
  • For mold claims, this is generally a personal injury claim.  You will want to have a licensed vendor test the mold, have your doctor identify that the mold is responsible for your medical harms, and have documented medical harms.  We do not handle the personal injury claim.  We can handle the defense if the landlord sues you for causing the mold or assist you in terminating for failure to repair.  There will be a $150.00 charge to review.
  • For pests, it depends on the source.  Landlords will often claim you caused them but usually they are pre-existing or from another source.
  • For water claims, it depends on if you caused it or it came into your unit due to a neighbor or flood.  Be careful speaking to adjusters and be prepared to make claims as appropriate. There will be a $150.00 charge to review.
• Illegal Lease Provisions
  • See RCW 59.18.230
• Just Cause Eviction
  • See RCW 59.18.650, See SMC 22.205 (Seattle only)
  • Evictions and decisions not to renew a lease only have a limited number of valid reasons otherwise statutory damages might be owed
  • If you win, you are entitled to the greater of their economic and noneconomic damages or three times the monthly rent of the dwelling at issue, and reasonable attorneys’ fees and court costs
• Lease Break & Termination
  • See RCW 59.18.090 (termination for failure to repair), RCW 59.18.200 (military deployment), RCW 59.18.352 and 354 (threats by roommates or landlord), RCW 59.18.575 (domestic violence)
• Pre Move In Issues
  • See RCW 49.60.030 (racial or protected characteristic discrimination), RCW 59.18.255 (income discrimination), RCW 59.18.253 (deposit to hold issues)
  • Cancellation and/or Repudiation- when the unit does not meet the advertisement
  • Deposit to Hold- no more than 25% of monthly rent to hold and must credit to rent, can’t charge fees to put you on a wait list
• Relocation
  • See RCW 59.18.085 (relocation due to condemned or unlawful dwelling), RCW 59.18.440 (low income tenants), SMC 22.210 & SMC 22.212 (Seattle only)
  • If your unit has been condemned or deemed unlawful by code enforcement, you can get the greater of $2,000.00 or 3 x the rent.  Exceptions for natural disasters or harm caused by tenant or due to eminent domain.
  • If you are a low income tenant and your unit is being demolished or rehabilitated, you might be qualified for relocation under RCW 59.18.440.
• Rent Raises
  • See RCW 59.18.140 or city code as applicable, RCW 35.21.830 (rent control prohibited), SMC 7.24.030, SMC 22.212
  • Generally, a landlord can raise the rent by any amount with 60 days notice (30 days for subsidized housing)
    • Some cities codes include longer time frames
      • Bellingham- 120 days
      • Olympia- 120 days if over 5% increase, 180 days if over 10%, OMC 5.82
      • Seattle: 180 days, SMC 7.24.030 (note if over 10% increase, you might be entitled to relocation assistance per SMC 22.212)
  • There are exceptions and defenses.  For example retaliation might be applicable if the rent is raised right after asserting your rights.  Improper notice of the rent increase or raising the rent in the middle of the term.
  • Contact us to discuss.  There is a $150.00 fee for the consultation.
• Repair Issues
  • See RCW 59.18.060 (landlord duties), RCW 59.18.070 (timelines to repair), RCW 59.18.090 (tenant remedies), RCW 59.18.100 (repair and deduct)
  • The landlord must maintain things listed within their duties under RCW 59.18.060
  • The timelines to repair are as follows pursuant to RCW 59.18.070
    • 24 hours for electrical, heat, hot or cold water
    • 72 hours for fridge, range, plumbing fixtures
    • 10 days for everything else
  • Failure to repair allows termination or repair and deduct
• Section 8 and Subsidized Housing Issues
  • Unfortunately we do not handle services for this.  There are several pro bono organizations that specialize in this.  Columbia Legal Services, Housing Justice Project, and Catholic Community Services are the most notable.
  • We can help with the debt angle, move out charges, and other issues, just not issues related directly to Section 8 itself.
• Storage of property post eviction
  • If you abandoned the property:
    • See RCW 59.18.310 and RCW 59.18.230
    • the Landlord must store your property and owes you notice of where
    • the Landlord only has to return items once the storage costs are paid by tenant
    • If 45 days past and items not claimed, Landlord can sell the items or dispose of them
    • If there is a surplus fund from the storage, it must be held for a year
  • If you were evicted:
    • See RCW 59.18.312
    • You need to serve a written notice by any method under RCW 59.18.365 to the landlord within three days of the writ in order to request your items be stored, the landlord can also choose to do it voluntarily
    • If tenant does not give the written notice, the landlord can dump everything on the nearest public property
    • If stored, tenant has 30 days to claim or items can be auctioned, Landlord owes notice of auction to tenant
  • If it is based upon death of the tenant
    • See RCW 59.18.595
• Utility & Third party billing
  • See RCW 59.18.300, SMC 7.25
• Other Issues
  • This guide is limited.  There are many more issues and situations that occur.
  • Generally, we charge a $150.00 fee for a general consult.

 

 

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Information presented on this website does not constitute legal advice and does not establish an attorney client relationship. WA Debt Law, PLLC is a Debt Relief Agency.