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-   -   Legitimate Case? (https://www.askmehelpdesk.com/showthread.php?t=38824)

  • Oct 24, 2006, 03:37 PM
    Landuvfree2
    Legitimate Case?
    I found out a tenant who recently moved from my property is attempting to serve me summons to court. He is angry I refunded his security deposit minus some costs for damages. He is holding the check and does not intend to cash for the refunded amount.
    I mailed his security within the appropriate time frame including details of damages.
    How does he possibly have a case against me? I've been told a tenant can sue the landlord for their security refund, previous paid rents and even court and attorney costs. Since he is using free legal aid service, if I win the case shouldn't I have a right to sue him back for my court and attorney costs?
  • Oct 24, 2006, 03:41 PM
    mr.yet
    What state do you live?
  • Oct 24, 2006, 04:28 PM
    excon
    Hello land:

    I don't know if he has a case or not. Let's hope not. If he sues in small claims, which I'm sure he will, lawyers aren't allowed, and the costs are very small (maybe $35). If you win (or rather he loses) you could sure ask the judge for your costs.

    excon
  • Oct 26, 2006, 10:52 AM
    RickJ
    I'd get some backup and head to court. By backup I mean something from others testifying to the damages. Bills from the cleaning company or repair person, pictures, anything you've got.

    Post the itemization here and I'll let you know what I'd take to court if it happened to me.

    A key will certainly be showing/convincing the judge that the charges were indeed for damages and not normal wear and tear.
  • Oct 26, 2006, 10:55 AM
    bhayne
    I would wait for him to sue and find out what he is sueing for. If it's legit, settle with him!
  • Oct 27, 2006, 07:55 AM
    Cvillecpm
    First - don't dodge the service. See what his case is.

    Second - assuming it is Small Claims Court - you can counter sue for any remaining monies.
  • Oct 27, 2006, 08:14 AM
    ScottGem
    Can you tell us a) what you charged him for, b) how much you charged and c) how much was the total deposit?

    Since you refunded him some part of the deposit I doubt if it will be much. As long as the cost were reasonable and not for wear and tear. Especially if youi have copies of bills and statements from the workers I doubt if he has a case.

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