Landlord being sued for failure to return deposit... need help

[landlord1234]

Jurisdiction

Washington

I am involved in a landlord/ tenant dispute (I am the landlord).
I partially refunded a security deposit to a tenant, and deducted for valid repairs. I sent the itemized list within the 21 days designated timeframe. I received a demand letter from an attorney retained by my ex-tenant asking for the full deposit back due to not having a signed inspection form prior to move in. (Note: I have a signed walkthrough letter that is signed by both parties, but no discrepancies were noted. It was up to the tenant to perform a separate walkthrough and denote any damages that we did not see upon signing the lease.) I contacted her attorney and asked to negotiate and she refused. I now received a summons dated 3/10/17 for a civil lawsuit demanding double the deposit ($3100) plus attorney's fees.
I need to have a written response within 20 days of the notice and I am seeking legal counsel/ advice. This case is not going to small claims court because she filed for civil.
So my question is this:
1.) Should I hire a lawyer to respond? can I do this myself? Is it wise to respond on my own?
2.) Does it seem like my ex-tenant has a case? She is hoping to win on a technicality that there are not discrepancies noted on a walkthrough inspection.
Any help is greatly appreciated.

 

[army judge]

1.) Should I hire a lawyer to respond? can I do this myself? Is it wise to respond on my own?
2.) Does it seem like my ex-tenant has a case? She is hoping to win on a technicality that there are not discrepancies noted on a walkthrough inspection.

If you are a sued and a lawyer is involved, it should be intuitive that you require a lawyer, too.

If she prevails, you'll be on the hook for $3100 to your former tenant, and her/his lawyer for $5,000 to $10,000.

I suggest you stop communicating with her/his lawyer and the former tenant IMMEDIATELY.
Hire a lawyer to represent you within the next 24 hours.

It should be intuitive to you as to why you are unable to do this pro se.
If it isn't just send a check to your former tenant's lawyer for fifteen grand (or thereabouts).

I don't handicap my opposition's case, and you shouldn't either.
You should only ensure that a licensed lawyer prepares your defense.

However, her/his lawyer must believe she/he has a great case.
Why?
The lawyer has taken the case on the "come", willing to seek his/her fees from you, the defendant.

That alone should be your call to action, mate!

 

[mightymoose]

Sometimes the goal is to scare you into paying with full knowledge that they won't succeed if it makes it to court.
You do need legal assistance at this point or you will be overwhelmed. If you are confident you did things right and fulfilled your obligations then don't worry.
If you have an initial walkthrough with no indication of discrepancies and no complaint from the tenant during the whole time they lived there then you may have a good argument to make.
Hopefully you have photographs to document the damage and receipts for any expenses.
If you deducted anything that is common wear and tear (usually the carpet) you might need to return a portion of the deposit unless that was the prob already returned.
An attorney will help you sort this out and decide the best course our action, but you certainly don't have to give in to the demands.

 

[adjusterjack]

Should I hire a lawyer to respond? can I do this myself? Is it wise to respond on my own?

Going up against a lawyer without one of your own is like taking a rubber knife to a gunfight. You'll be the one on the ground bleeding.

Does it seem like my ex-tenant has a case?

Hard to say. I haven't seen the place before or after her tenancy nor have I seen any other documents regarding this issue.

Have you read RCW 59.18.260, 59.182.70, and 59.18.280 to make sure you followed the statutes TO THE LETTER?

Chapter 59.18 RCW: RESIDENTIAL LANDLORD-TENANT ACT

Because if you missed one "technicality" you may get hung out to dry.

The statute allows for an award to the tenant of up to two times the amount of the deposit, court costs and attorney's fees.