Hello,

I own a duplex that my mother and I shared until she passed away. I needed financial help, and decided to rent the top unit to a woman who was the tenant from hell. The apt. was suppose to be for her only, but her boyfriend and her two teenage daughters were living here as well. We had problems from the moment she moved in, from selling drugs to having wild parties. We had a huge argument in Oct. and she did not pay November's rent, and then she informed me that she was moving. She moved out on Dec. 1, and after inspecting the apt. I sent her a detailed list of the repairs and the cost, and I deducted the cost of the repairs from the remainder of the security deposit. She cashed the check that I sent her, but now she is suing me for the amount I deducted for the repairs. Is there anything I can do to help my case, because I do not have the money to pay for those repairs if she wins this case. I will appreciate any tips you can offer.

Thank you,

If she had wanted to prove that there was no damage, she should have taken pics before she moved out. You did the right thing, that is what the security deposit is for. She cashed your cheque,(security deposit, less expenses for repairing damages) therefore accepting the situation as it was. I don't think she will win in small claims court, but if she takes you there, you will have to go and state your case.

Tick

Is there any chance you took pictures of the damage before making the repairs? If so then you should definitely bring them to court. Also bring any receipts for the repairs.

Did you deduct November's rent from the security deposit? If not then you should file a counterclaim for November's rent.

AK I didn't mean that it automatically meant accord and satisfaction (who did you think I meant this for ?). You read me wrong. I meant that by the ex tenant cashing the cheque for the balance of the security deposit, she (the ex tenant) was accepting the arrangement. And that is the way it will be seen, (I have been there). So your disagree is not exactly fair in my books.

Tick

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Originally Posted by tickle

AK I didnt mean that it automatically meant accord and satisfaction (who did you think I meant this for ?). you read me wrong. I meant that by the ex tenant cashing the cheque for the balance of the security deposit, she (the ex tenant) was accepting the arrangment. And that is the way it will be seen, (I have been there). So your disagree is not exactly fair in my books.

tick

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And I didn't mean to be unfair.

OP was paid less than he/she believed was owed. In the real world where some folks are trying to get by on a day-by-day basis, returning a check isn't a realistic option. The LL paid part of what OP considered owed and it's sensible to take that money and go for the rest.

I'm curious what the rationale was in your experience (when you say that you "have been there").

A & S is a legal term which describes a deliberate decision to settle a monetary dispute for less than what has been demanded. The OP has not suggested that that applies in this case. That's all I'm saying.

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Originally Posted by tickle

If she had wanted to prove that there was no damage, she should have taken pics before she moved out. You did the right thing, that is what the security deposit is for. She cashed your cheque,(security deposit, less expenses for repairing damages) therefore accepting the situation as it was. I dont think she will win in small claims court, but if she takes you there, you will have to go and state your case.

tick

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I want to thank each of you for your help. Regarding pictures, I am sorry to say that I didn't, because I honestly forgot, and I did not deduct November's rent, because I was trying to be nice since she is only one employed. Well Thanks again I really appreciate your help.

I would definitely file a counterclaim for November's rent. You're entitled to it. Good luck!