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Who should pay for rug chopped up as evidence?

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Q: Two tenants of my apartment building got into a fight, and one stabbed the other. Seattle police responded and cut big pieces out of the carpet to gather DNA evidence. I was told I could file a claim for damages. I did, and it was denied. The reason given was the city only pays in cases of negligence, and what the police did here was appropriate police procedure. Am I really stuck with the $457 bill to replace this carpet?

A: Attorney Joe Puckett, of Puckett & Redford, agrees that as long as the police weren't negligent, they don't have to pay. As he points out, "the police aren't obligated to fix a door jamb" when they break one to legally enter a building. However, just because the police won't pay up doesn't necessarily mean the bill is yours.

From the documentation you provided, it appears the tenants of two apartments got into an altercation, and one stabbed the other in the victim's apartment. Citing state law, Puckett says a landlord isn't responsible to repair damages caused by the conduct of a tenant, his family, guests or other persons acting under his control.

Thus, Puckett says, "I would think the tenant would be somehow liable for the damage that was caused." The question is: Which tenant? That likely depends on the facts of the case. Like, what was the relationship between these two tenants? Was this a domestic violence situation? And who started the fight? It's possible you could bill the responsible party for the carpet or tap that person's refundable damage deposit.

Q: We're locked in a property-line dispute with our next-door neighbors, whose current landscaping project encroaches 3 feet onto our lot. They refuse to have a survey done. If we pay for one to protect our property line, what are our chances of getting our money back in small claims court?

A: "We don't give any kind of guarantees or do guess work at all," says Helen Grayson, interim director of the Seattle and Shoreline district courthouses. When you think about it, that makes sense because without knowing all the facts (for instance, whether another survey already exists), it's impossible to fully understand the situation. Even when everything is known, it's up to the judge. However, what Grayson can tell you is this: "Boundary and encroachment disputes are some of our more emotional cases."

To win yours, Grayson says, you "have to show the judge how you arrive at the amount of money you claim is owed to you. It's helpful to have pictures, documents and testimony of witnesses, preferably in person. Those are the kinds of things that help judges arrive at a legal, lawful decision."

Neither lawyers nor paralegals are allowed to practice in small claims court, so you'll be on your own. To learn more about how this court works, including what kind of cases are heard and how much it costs, go to www.metrokc.gov/kcdc/smclhome.htm.
 
Beyond that, you may want legal advice about the underlying property dispute because simply getting the neighbor to pay for your survey won't solve an encroachment issue. An attorney can best tell you how to handle that problem.

Q: New neighbors are parking up to nine cars, vans, work trailers and a large boat in their front yard and driveway. This certainly violates the look of our nice family neighborhood, and we worry it could affect our property values. The sheriff says he'll investigate only if the vehicles don't run. We have no homeowners association. Rather than just accepting this situation, is there anything else we can do?

A: The health department will get involved if your neighbors are violating health codes. The local police will get involved if they're violating the law. A neighborhood association will get involved if local covenants are being broken.

If the property is a rental, perhaps the landlord can be leaned upon to impose some standards. Absent any of that, there's no big hammer available to force a neighbor to conform to an unofficial standard of neighborhood aesthetics. But the old adage that you catch more flies with honey than vinegar might be a good one to apply here.

In other words, to have a good neighbor, be a good neighbor. Make friends and perhaps they'll cooperate because they like you. However, if your relationship gets off on the wrong foot and stays that way, it's likely you'll find yourself staring at all those cars and trucks for a long, long while.

Home Forum answers readers' real-estate questions. Send questions to Home Forum, Seattle Times, P.O. Box 1845, Seattle, WA 98111, or call 206-464-8510 to leave a question on a recorded line. The e-mail address is erhodes@seattletimes.com. Sorry, no personal replies. More columns at www.seattletimes.com/columnists.