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View Full Version : Can I sue for pain and suffering/moving (WA State) in a rental dispute case?


arkansas_sra19
Feb 28, 2014, 09:06 PM
The property owner contracted with a property management company to rent our home. We rented the home and a two months into the one year lease, the roof leaked, we went without water to our bathroom for 5+ days two different times, without hot water for 3+ days, without heat for over 24 hours. I followed all the requirements for requests for repairs, did the fix it letter, gave them 10 days, partial was fixed and our property management company cancelled their contract with her due to failure to approve the repairs because she was breaking the law. So we chose to vacate after the 10 day window to resolve repairs. In email she agreed to us moving, even tried prorated rent and agreed to refund deposits (like she had much choice). We've moved out prior to the next the month and she refuses to respond to our request to refund deposits. She even gave out our phone number to her Realtor (the home is for sale) without our consent to try and talk us into staying for cheaper rent. I felt invaded by having some stranger call me and discuss the issues she refuses to talk to me about on phone/person - only email.

Can I sue for her for pain and suffering or punitive damages? What about moving costs?

The stress on our family was horrible, we had to rent a hotel to shower during this mess and now yet again she's ignoring our attempts to contact. We had less than two weeks to find a new place and move - we had two deaths in the family, one hospitalized during this mess and all became extremely ill during the move (we think mold issues from roof leak).

I know it's not the best attitude but I'd like to see our family compensated for everything she put us through by refusing to answer requests for repairs. (Note: our property management company agreed to support us in a law suite if needed)

Fr_Chuck
Feb 28, 2014, 10:00 PM
Yes and no, you can of course sue for anything, but, your phone number or any information is not private with a rental company. ( no idea why you think it was) she can give it to anyone. In this case, she gave it to an person calling on her behalf. So it is very legit.

She does not have to talk to you, no requirement, in fact,nothing should be done by phone at this point anyway.

You may sue for moving expense, if you have very good proof, letters from the management company, a person from management company that will testify they landlord broke the law and so on.

You may also want to read the contract closely to see if the management company also may be liable and can be included in your law suit.

You can sue for moving expenses, for costs of living outside normal repair times. Having to go 2 or 3 days without water or some items is often something that just happens and is not compensated.

So moving expenses and your deposit back.

ScottGem
Mar 1, 2014, 05:24 AM
Sorry, but as much as you feel you suffered I seriously doubt that a court would award you anything. First, a small claims court, which is probably where this would go, generally is not allowed to award punitive damages or pain & suffering. Only real, proven expenses. If you tried a higher court, the legal costs and the time, would be prohibitive.

AK lawyer
Mar 1, 2014, 07:27 PM
Last I looked, Washington follows the rule in most other states: pain and suffering can only be recovered upon proof of actual physical injury. Being miserable, alone, is not sufficient. You mention being hospitalized. If you can prove that your medical expenses resulted from the condition of the premises, perhaps.

Punative damages is another story. But as ScottGem already indicated, they are probably not available in a small claims court.