Elizabeth Rankin Powell’s Answers

Elizabeth Rankin Powell

Tacoma Family Law Attorney.

Contributor Level 20
  1. Recovering loss from tenant after moves out

    Answered over 1 year ago.

    1. Elizabeth Rankin Powell
    2. Thuong-Tri Nguyen
    3. Thomas Martin Morningstar
    4. Michael T Millar
    4 lawyer answers

    The damage deposit rules are at RCW 59 18 260, 270 and 280. But if you read 280 carefully, the last sentence says, "no matter what the landlord can recover from the tenant for damage done to the property". The problem with no deposit is that there is no walk-through checklist from the beginning of the tenancy detailing the condition of the property. So if you allege "tenant destroyed the carpet" and the tenant's response is "nuh-uh, they were like that all ready" then you are going to have to...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Husband buys property, from the community funds & Title/Trust to LLC and his family. Can I claim that property in divorce?

    Answered almost 2 years ago.

    1. Elizabeth Rankin Powell
    2. David L. Carrier
    3. Matthew Erik Johnson
    3 lawyer answers

    All property owned by spouses is before the Court for a just and equitable division. If you know the county and the parcel number you can get the address from the County's Assessor-Treasurer's website or office.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Do you can a Lawsuit against a Real estate agent? She is so smart, and alway is one step ahead.

    Answered 2 months ago.

    1. Elizabeth Rankin Powell
    2. Peter J Weinman
    3. Daniel Lee O'Neil
    3 lawyer answers

    Sounds like she owes money to you, and all ready promised to pay it back but has not done so. That is a basis to sue someone because it is likely you will prevail. Not sure how her father comes into this equation on these facts, but it is possible to get a protection order for a vulnerable adult, if that helps. Just because somebody is a real estate agent does not mean it is OK for them to borrow money and not pay it back. The Statute of Limitations on a written agreement is six years. Hope...

    Selected as best answer

  4. As PR and sole heir of my friend's estate, do I have to notify the probate court before transferring the house into my name?

    Answered 6 months ago.

    1. Elizabeth Rankin Powell
    2. Elizabeth Hallock
    3. Michael A Kirtland
    3 lawyer answers

    The State Bar has a project in conjunction with NWJustice to provide assistance to persons in complex situations like yours where your housing is at risk. If you go to http://www.wsba.org and follow the link that says "For the Public" you will find contact information. Call them Monday, see if you can qualify to get a volunteer attorney to assist you. And please stop taking legal advice from the Bank. Their track record for truth- telling is abysmal. Elizabeth Powell

    Selected as best answer

  5. Can attorney fees and court costs be assessed against someone taking property from the elderly in civil court?

    Answered 11 months ago.

    1. Elizabeth Rankin Powell
    2. Lawrence A Friedman
    2 lawyer answers

    Look at the Chapter in Title 7 of the RCW's called "replevin". Replevin is Norman French for "I want my stuff back", and yes, it carries the risk that the Court can award fees and costs. A replevin action always starts with written notice to the person wrongfully holding on to the property. It doesn't have to be fancy, and there is no form, but it needs to clearly state, "You have my stuff, and I want it back. If you do not return my stuff to me, I am going to sue you and I am going to ask the...

    Selected as best answer

  6. Dues I still owe HOA dues after a foreclosure?

    Answered 12 months ago.

    1. Elizabeth Rankin Powell
    2. Cheryl Rivera Smith
    3. Peter J Weinman
    4. Valerie Farris Oman
    4 lawyer answers

    Once the property was sold, it is no longer your duty to pay the assessment. But the bookkeeper is correct, there is frequently a time lag between the auction and when the new title is recorded. HOA rules are codified, and they were clearly written by the HOA lobby because they are incredibly generous to the HOAs, going so far as to award the HOA attorney fees even if a judge has never seen the basis for the request. You can look up who bought the place, and when the transaction cleared and...

    Selected as best answer

  7. What if my landlord entered into a lease with me with full knowledge that he did not have the proper housing permits?

    Answered about 1 year ago.

    1. Elizabeth Rankin Powell
    2. Shawn B Alexander
    2 lawyer answers

    Please read RCW 59 18 085. You have a good remedy awaiting you. You need to be sure that the eviction court knows that his decision to end your tenancy is unlawful, and specifically prohibited by RCW 59 18 085. Adam Karp is in Bellingham. He is a busy guy, but he *might* be able to help you collect your money. Your landlord owes you three month's rent, any pre-paid rent, your entire deposit, your costs of moving and your reasonable attorney fees in cash or certified funds seven days from...

    Selected as best answer

  8. If a private landlord lives out of state are they required to hire a property manager?

    Answered over 1 year ago.

    1. Ryan J. Weatherstone
    2. Elizabeth Rankin Powell
    3. Ryan Vancil Esq
    3 lawyer answers

    Mr. Weatherstone gave you a very good answer. I am writing to add that IF the septic is failing and it is not your fault (you did not put anything incorrectly down there that does not belong there) then pleae 1) give your landlord written notice and time to correct, and then 2) contact the Building Department and ask them to inspect. If the Building Department agrees with you that the septic is failing, you may be eligible for the tenant relocation remedy of RCW 59 18 085, which includes...

    Selected as best answer

  9. Can I change locks and/or have locks installed in garage and house I'm renting?

    Answered almost 2 years ago.

    1. Elizabeth Rankin Powell
    2. Shawn B Alexander
    2 lawyer answers

    No, you can't change a lock without his permission and giving him a copy of the key. The way to object to his unpermitted entry is to give him notice that you will not put up with his entry without 48 hours notice. Even if your contract says he can. 48 hours is the minimum for inspection. Clearly if there is an emergency, and you are standing there waiting for him with a broken water heater, you want to let him in. But see RCW 59 18 150 for how to put him on notice to not drop by. But you...

    Selected as best answer

  10. My mom passed away last week. Partner of 6 years now wants to sue me her DPOA/POA for her money and estate she left for me.

    Answered almost 2 years ago.

    1. Elizabeth Rankin Powell
    2. Michael A Kirtland
    3. Robert E. Millsap III
    3 lawyer answers

    I am so sorry to hear of your recent loss. There is no reason why you have to rush to do anything. Be sure you are getting advice from a probate attorney. If your mom still owns the house, (and it is likely she does as the reverse mortgage people don't actually transfer title because that way the old owner is still responsible for taxes and insurance) then there may need to be a probate. Persons who are deceased cannot act and they cannot be sued; their estate has a PR/Administrator who can...

    Selected as best answer