Anyone have experience dealing with landlord/tenant disputes?

I have found the BEST way to prepare is do an outline format with only phrases or points you want to cover of everything you want to say and refer to it when the judge gets to that point.

I.
a.
b.

II.
a.
b.

III.

etc. Have everything on one sheet you can scribble notes on, and have the evidence corresponding to it in an orderly fashion so it is quickly accessible. The judge will cut you off if you start going on tangents or start rambling.

 

The fee is written into the the lease agreement that I have the carbon copy of, so I have proof it existed and I paid it. I have the carbon of the check I wrote for the fee and if need be I can get proof it was cashed from my bank. I don't know how quickly I can get that though. Other than the fired landlord's statement, I don't have anything stating what it was for though. I imagine they'll just say that what they're charging me for was damages above the $300 redecorating fee. That's garbage though, but I digress.

 

Got it.

 

If its in the lease agreement, you don't need to get the check. Don't worry, just say that the landlord told you that it would cover these damages. If they argue he isn't there, just say that this is what you were told by the representative of the company (the landlord) and this all came as a big surprise as you assumed everything was "taken care of" as well as the apartment being in move-in condition.

If they try to give you shit, ask them what it is "usually used for" and if they try to say something else, ask them where in the lease this is stated. Them firing the manager actually helps you, since he may not have followed official protocol or have given you misinformation, but you operated as if this was their standard practice.

 

Good to know. This is the best practical information I've been able to find. I really appreciate it. I have a call in to a small claims judge in CA for some insight as well as a LL/T attorney in Spokane for more legal info and background on how to deal with small claims court and how to approach the issues as far as the law is concerned. I'm still debating whether I should go to the mediation. The legal benefits aside, it's scheduled on my wife's birthday and that's definitely not how I planned to spend that day.

 

Here it is. Also, did the landlord deduct the redecoration fee from the supposed damages? It would seem that it was intended for something like the new carpet.

http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.280

 

There's nothing indicating that they did anything with the redecorating fee but pocket it.

 

You should say this to the judge: It's unheard of to have no damage deposit. And it's rare to require a nonrefundable damage deposit under cover of "redecoration." They combined those two weird things to avoid having to obey the rules in the link I gave.

Redecoration, to me, means routine improvement, such as replacing the carpet when it's not mandatory. The redecoration fee has to be deducted from the damages (that's what you should argue).

I think you might avoid the long drive by filing a written afadavit. Not sure. You might phone the court clerk and ask. (Back when I couldn't afford a lawyer, I was encouraged to do this, but it seemed too hard.)

 

Thanks for advice. I was planning on calling the the clerk today, but my wife had other ideas for my time today...