Brian James Hanis's Answers

Rights as a tenant to peace and quiet

This is a tough issue to deal with. A lot of time the tenants up stairs think they are quiet and basically walking around on their tippytoes and that the tenant downstairs is over dramatic. Mos often though, your scenario is what actually is occuring. Their are a few options on this for you to consider. First, you can continue to complain to the management but do so in writing, keeping a copy for yourself. If this does not resolve the issue, this will give you an option to move without...

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Damage deposit withheld

At this point your best option is to sue in small claims court. It will be your proof to show that you paid the deposit, not a problem, and that you moved without a walkthrough and that you did clean. However, some of that burden should fall on the landlord to prove that he actually did clean and the damages were repaired. A handwritten know will not be sufficient. One thing you may want to do is contact the tenants that moved in after and see what they have to say as well. Another...

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Can debt collector contact landlord on same day they have tried to contact you 3 times?

Yes, you can request a verification of debt. When a debt collector is attempting to collect upon a debt you have a right to dispute the debt within 30 days of the attempted collection. At that point, the creditor must provide written verification of the debt. This is required under the fair debt collection act. However, this almost sounds like a scam. There is one where the scammer says they signed up for something online but have not paid. Some people will simply say yes because it...

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Where can I get forms to evict a tenant and can I sue her for non payment of rent in Grays Harbor County

In Washington you have one of two options. For the unpaid rent you can give a three day notice to pay rent or vacate. If you do not want to seek the rents, then you can give the 20 day notice to terminate, but it must be at least 20 days before the end of the month. So the earliest you would be able to get them out would be May 1 as it is March 11 today and this would not get the required 20 days time period. As for service, you have to first attempt personal service. If you are unable...

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Where do I go after I filled out my writ of garnishment application?

First, is your award in small claims court or superior court. If small claims, go to the district court where you received the award. You then have to pay a nominal fee to convert it to a judgment. Once completed you then apply for a writ of garnishment there at the courthouse. There is a fee for this as well and all are included in the garnishment judgment, so you should recoup them in the garnishment. Once the writ is returned there is a process you have to go through to serve on the...