Robert M Dunphy’s Answers

Robert M Dunphy

Contributor Level 11
  1. Can I take my old aparment manager to small claims court? Do I have a good case possibly?

    Answered over 3 years ago.

    1. Robert M Dunphy
    2 lawyer answers

    If the itemized statement showed damage beyond $201 (your deposit amount), then the landlord can collect any extra amount that was paid to repair the premises. However, you could have a decent claim if they did not apply the non-refundable cleaning fee to the total...otherwise it is not really a cleaning fee. As for the itemized list, if your landlord had your new address before he sent it, then he did not comply with the law. Landlord is required to give it to you in person or mail to...

    3 lawyers agreed with this answer

  2. I rec'd a red light ticket in Fedeal Way WA but someone else was driving. I have proof I was at work at the time.

    Answered over 3 years ago.

    1. Robert M Dunphy
    2. Scott Weymouth Lawrence
    2 lawyer answers

    As far as I know, you are not required to give the name of the person driving. If you do, the police MAY issue that person a ticket. If you can prove that you were not driving the car though, that should be enough to get the ticket against you thrown out. It is the job of police to find evidence of who was driving, not yours. No reason to make the life of police and prosecutors any easier.

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  3. On the back of the check I noted, "by cashing this check you are agreeing that the

    Answered over 3 years ago.

    1. Robert M Dunphy
    2. Robert Daniel Kelly
    3. Eric Charles Lewis
    3 lawyer answers

    As the case cited above indicates, whether there was an accord and satisfaction depends on many things. Based on previous experience, I would assume that a court would probably not find an accord and satisfaction, but again, completely depends on the circumstances surrounding the payment. If you want to pursue it, I would highly recommend contacting a lawyer to go over your entire case and give you a decision on how you should proceed.

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  4. If I have an assault in the 4th, is there any way to get this wiped off my record?

    Answered over 3 years ago.

    1. Robert M Dunphy
    2. Elizabeth Rankin Powell
    3. Travis S Jones
    3 lawyer answers

    If the charge did not carry DV designation, then you can have it vacated after 3 years as long as you meet all requirements in RCW 9.96.060. If the charge carried DV designation, then you can have it vacated after 5 years if you meet requirements in RCW 9.96.060(e). Just remember that you can only vacate one conviction in your lifetime. I highly recommend contacting a lawyer if you think you are eligible to vacate records so he or she can walk you through the process, or even handle it all...

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  5. 24 month lease scenario - if a tenant does not disclose they are pregnant at time of leasing

    Answered over 3 years ago.

    1. Robert M Dunphy
    2. Ryan J. Weatherstone
    3. Robert Daniel Kelly
    4 lawyer answers

    In my previous answer, I did not notice all of the additional information. A written lease will be good for a year and then the tenancy will turn into a month-to-month which can be terminated with 20 days notice. That will be the route to take here. Just make sure you read over the unlawful detainer statute and comply with all the provisions. There is a lot of procedure involved and missing one of the steps can draw out the eviction process for months with an uncooperative tenant. You may...

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  6. Can I, the landlord be responsible for an overdue utility bill that's under the prior tenant's name?

    Answered over 3 years ago.

    1. Robert M Dunphy
    2. Seth Alan Rosenberg
    2 lawyer answers

    RCW 35.21.217 gives the city a lien on the property for light and water. If your tenant does not pay, the city can proceed to collect against you as the property owner. IN 2010, this law was amended to allow landlords to receive notice from the power and water companies when the tenants become delinquent in their payments, but only if the landlord validly requests such notice (see RCW 35.21.217(3)). If your lease provides that the tenant is responsible for the utilities, then you can sue the...

    2 lawyers agreed with this answer

  7. Rental Property Single Family...

    Answered over 3 years ago.

    1. Robert M Dunphy
    2. Yevgeny Jack Berner
    2 lawyer answers

    Unless your lease says otherwise, you do not have to refund part of the last month's rent on a pro-rated basis. All you will have to refund the tenants is any amount of the deposit they are eligible to receive back.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. If I was arrested and charges dropped and the bail cost me $5050.00 how do I get that back along with my work n transport costs?

    Answered over 3 years ago.

    1. Noah E. Weil
    2. Robert M Dunphy
    2 lawyer answers

    Noah is correct. If you posted bail and then showed up for all of your court dates and abided by all of the conditions of your release, then the bail amount should have been given back to you at the conclusion of your case. If you did not follow all of the conditions of your release during the case, then the bail is forfeited, even if the charge was based on a law subsequently found to be unconstitutional. As far as a lawsuit against the city/state, it is very likely that you have no legal...

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  9. I rec'd a red light ticket from Fedeal Way. Someone else was driving the car @ the time.

    Answered over 3 years ago.

    1. Robert M Dunphy
    2. Scott Weymouth Lawrence
    3. Andrew Stephen Roberts
    3 lawyer answers

    As far as I know, you are not required to give the name of the person driving. If you do, the police MAY issue that person a ticket. If you can prove that you were not driving the car though, that should be enough to get the ticket against you thrown out. It is the job of police to find evidence of who was driving, not yours. No reason to make the life of police and prosecutors any easier.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Can I take my old aparment manager to small claims court? Do I have a good case possibly?

    Answered over 3 years ago.

    1. Robert M Dunphy
    2 lawyer answers

    Were you given a written notice after you moved out stating the basis for keeping your deposit? Landlords are required to send you basically an invoice showing each cleaning charge that your damage deposit is being used to pay for, or else give you back your damage deposit. If this is not sent to you within 14 days, then the landlord cannot keep ANY of your deposit and you could possibly sue them for damages as well. The relevant law is linked below. It may be worth your time to hire a...

    1 lawyer agreed with this answer