Can I sue my former tenant for items I did not withhold from his security deposit? He cashed the check. I knew that no matter what I deducted, we would be in disagreement and he would sue me ~ he sent me emails bickering about his deposit before he even moved out! He drilled holes into my brick fireplace and did a meager attempt of patching so I had it faux painted $350 (I did not deduct the charges like an idiot). He agreed to restore to orig. condition, but had I done that, I would have lost 2 weeks rent and it was $1500. He also lost me two tenants, he told one the neighborhood was unsafe and then the next person came to see the place and he was there w/5 friends lying on the floor and watching a movie and the house reeked of marijuana smoke! I have pictures of his bong pipe!

He also destroyed my garage door and covered it up... long story it was replaced by him, he claimed there was problems w/the door so I deducted the $350 for repairs that they tried to pin on me. He has not provided an invoice to show that the door damage was done after the original repair of $350 (which I would be responsible for) but since he lied about everything, I did not know what to do. I was trying to be nice, reasonable, and deducted very little of $2,500 deposit.

Can I counter sue him for all the items I should have charged him for in the first place? In addition, I found out later other items were damaged or missing from my handy man. (Wall mirror, fireplace valve key, etc.)

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Originally Posted by Vegas429

Can I counter sue him for all the items I should have charged him for in the first place? In addition, I found out later other items were damaged or missing from my handy man. (Wall mirror, fireplace valve key, etc.)

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Hello V:

Sure you can. But, the judge might think that you're retaliating because he sued you. Besides, you had ONE bite at the apple and you didn't take it. I don't think the court will give you another one.

But, it costs, what, $50 to file a counter claim?? I'd go for it.

excon

You can always try. Photographs usually help, but I've lost cases before when I had photographic evidence.

Of course, the judge may wonder why you returned the deposit and THEN decided that you wanted the tenant to pay. That's not going to work in your favor.

No matter what I deducted from this tenant, he was going to sue me. He was sending me harassing emails and calling me before he even moved out! It was absurd. Can't I say I changed my mind? I was a first time landlord. It cost me $4,000 to get the unit back into shape after he left. He made 9, 1/2 holes in the fireplace to mount his flat screen and I would have lost the rent of 2 weeks plus it was $1,500, he would have still sued. I was so unhappy w/the repair even though to some, it looked OK, that wasn't the point. Then after he moved and I had returned the deposit, I didn't know he had this Mezzuah thing on the front door that he removed and the frame had to be repainted. I have a 1 year old baby and had my husband do the walk through when he left, I could't bring her. The handyman painted the frame $90, he took the fireplace key (on purpose) $30 and had taken down a wall mirror in the bathroom and he had damaged it and moved the screws around so that cost me $45 to have it re-hung and repaired. We fought back and forth about the painting too, I had just had the house painted when he moved in and he hung flat panel TV's (2) and made 3 inch holes in the walls, plus 8 more w/a shelf and huge painting. He patched them but I would not have had to paint the house, it was outside of normal wear and tear. The painter had to re-texturize the walls (which cost more). I have pictures of everything. Even his bong pipe and weed.

I knew that no matter what I deducted, we would be here today, going to court. That is why I didn't deduct very much, he's so petty its pathetic.

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Originally Posted by Vegas429

No matter what I deducted from this tenant, he was going to sue me. He was sending me harassing emails and calling me before he even moved out! It was absurd. Can't I say I changed my mind? I was a first time landlord. It cost me $4,000 to get the unit back into shape after he left. He made 9, 1/2 holes in the fireplace to mount his flat screen and I would have lost the rent of 2 weeks plus it was $1,500, he would have still sued. I was so unhappy w/the repair even though to some, it looked ok, that wasn't the point. Then after he moved and I had returned the deposit, I didn't know he had this Mezzuah thing on the front door that he removed and the frame had to be repainted. I have a 1 year old baby and had my husband do the walk through when he left, I could't bring her. The handyman painted the frame $90, he took the fireplace key (on purpose) $30 and had taken down a wall mirror in the bathroom and he had damaged it and moved the screws around so that cost me $45 to have it re-hung and repaired. We fought back and forth about the painting too, I had just had the house painted when he moved in and he hung flat panel TV's (2) and made 3 inch holes in the walls, plus 8 more w/a shelf and huge painting. He patched them but I would not have had to paint the house, it was outside of normal wear and tear. The painter had to re-texturize the walls (which cost more). I have pictures of everything. Even his bong pipe and weed.

I knew that no matter what I deducted, we would be here today, going to court. That is why I didn't deduct very much, he's so petty its pathetic.

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I get where you're coming from. It's frustrating being a landlord. The problem is that the judge is going to wonder why, if there was so much damage, you didn't just keep the money. It looks odd to the court that you refunded the money, only to ask for it back again.

Saying, "The tenant was going to sue me, so I didn't make him pay for anything" is a lousy excuse. I'm not being mean, I'm trying to get you to see it how the court is going to see it. In the court's eyes, you've already released the tenant from liability by returning the deposit. It looks fishy that you want it back now.

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Originally Posted by Vegas429

I knew that no matter what I deducted, we would be here today, going to court. That is why I didn't deduct very much, he's so petty its pathetic.

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Hello again, V:

If your deductions were pursuant to law, knowing you were going to court shouldn't have changed ANYTHING. In fact, because you didn't take full advantage of the law, it might prompt the court to wonder if even you thought they were lawful.

I think you've put yourself into a pickle.

excon

First time landlord. This guy was such a cheap bastard. He sent the email demand to my husband (I had blocked his email because he sent me derogotory emails) and my husband responded, that is how I even saw the email. So he said we had until May 1 to pay him the $400 back or he would file suit. I never even spoke to him. So he filed suit that day, instead of May 1st. He also said he would provide a receipt, which he never did. But he's suing me, not my husband. It's my property, not my husband's but I didn't even talk to the jerk.

Thanks for the info. I shouldn't have been so nice, next time I will lawfully deduct for every last cent possible. Like I said before, I would still be in this stupid situation anyhow w/this jerk. I was way too nice.

Rental is a business, if you can not operate it like a business, you will not really make money.

Don't give breaks, don't let them move in without deposits, don't let them get over 10 day lates without action and don't even give back a penny of the deposit.

It is much easer to defend yourself in court or even sue for additional damages first than to give back the deposit and then try and say I should have not done that

Yeah, I know that now! Thank you for your help. I lived in the house before I was married so I still saw it as my home. I learned a hard lesson.