My tenant is suing me...馃檮

My tenant is suing me...馃檮

Rental Property Investor 路 Seattle, WA 路 Member since 2017 路 383 posts 路 248 votes

Hey folks, looking for any experiences you can share that are similar and/or advice on how to best prepare for this upcoming Mediation date. I've never done this before.

Here's the story: we inherited a Section8 tenant that just went south. She was occasionally volatile and unhinged on phone calls and wouldn't let me in for a walk-through/move-in inspection at first (seller hadn't done one) when we took over until I explained twice how much it was in her best interest to do so. Anyway I finally got in, found some broken blinds and other small things and fixed those - and felt we were off to a good start. But she got a little squirley - had a gentlemen living there that wasn't on the lease, would call at all hours of the night and leave weird messages, etc... my PM called her, "the worst I've ever has" - which sucked for him. Anyway she got squirley around re-upping the lease vs. moving out when it was time. She finally vacated - albeit not on the proper terms - without proper notice and left a decent amount of damage. She also owed back rent and late fees (this was all pre-covid) and she didn't show up to do a walk-out, etc... 

We followed the lease and law to a T, sent over the damages/reconciliation, etc... and she ghosted. I thought I'd never see that $1400ish and was ok with that, we were going to get great tenants for that unit. Then I was tipped off to a city service called Landlord Mitigation Fund where, if you're housing a Section 8 tenant and they leave you high and dry like this, you can submit proof and they'll issue you a check. How lovely. I compiled it all (lease, notices, reconciliation, etc...) and 8 weeks later I got a check. Lovely, case closed, right? Wrong.

About 9 months later she starts calling me incessantly -5/6 times a day. I never answered as she had a history of somewhat abusive (drunk, inappropriate) calls to my PM. I eventually had to block her number. The PM messaged me to say she was doing the same to him - leaving him voicemails about suing us. Then the PM got hit with a subpoena to appear in Small Claims - she is suing the PM and myself for $10k?! She's citing that she lived with rats, that we "took" her deposit, etc... As she was Section8 I figured I'd call her case-worker to get to the bottom of it and she just gave me a long sigh (she wasn't just a problem for us, it seems) and said the tenant was most likely at risk for losing her voucher b/c of the owing us back rent and fees and she probably got an ambulance chaser lawyer to encourage her to "go after as much as you can" - which in Wa is $10k.

Like I said - we did everything by the book (again this was all pre-covid), Section9 standards, etc... And when they came in for inspections and dinged us - which was rare but did happen - it was documented, fixed immediately, and passed the next go 'round. It was so by the book that the city got all the paperwork and paid us what she owed. Again, I considered this a done deal and was grateful that the city had such a program.

So I'm wondering if you all have any advice on how to best prepare for this mediation zoom we're doing in a few weeks? I have her full file pulled together including any/all notices, correspondence, Section8 inspections, pest control payments/subscriptions and even emails from the cleaning crew and handymen who had to put the unit back together after she left - stating how gnarly it was. Are all my bases covered? Anything I should be aware of? In Wa, we're not allowed to obtain legal for Small Claims so I'm a little on my own here.  Thank you.

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Nathan GesnerBusiness Member
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Real Estate Broker 路 Cody, WY 路 Member since 2010 路 28k+ posts 路 41k+ votes
5y

Ignore Mike Baxter. I don't think you have anything to worry about. You already demonstrated proof and were awarded the funds so that demonstrates an objective third party agreed with you. Document everything, including phone records to show the harassing phone calls, and bring evidence to court. Don't over-do it with evidence, but be prepared to answer any of her complaints. She will show up with little/no documentation and there's a very good chance her crazy will come out. All you have to do is stay professional and let the evidence do most of the talking.

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  • Rental Property Investor 路 Seattle, WA 路 Member since 2017 路 383 posts 路 248 votes
    5y

    Figured I'd update everyone here - we went to mediation, she wouldn't back down from her superfluous $10k suit - we offered her $1k to go away and let her know that any landlord/tenant action in court would most likely make it hard to keep her voucher or rent from a reputable landlord again. She said she'd accept money from us, but then flip flopped and said no, I'll see you in court. And then she actually showed up! Her ducks were not in a row and ours were air tight. The judge sided with us and ordered HER TO PAY US $650. We'll never see that money of course...but overall just a bummer of a time.

  • Investor 路 North Stonington, CT 路 Member since 2014 路 393 posts 路 228 votes
    5y

    @Christen G. 

    Well, glad to hear you did indeed win! There is some sense in the world. 

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