My tenant recently moved out of my rental house and is threatening to sue me if I don't return her security deposit. I sent her a letter within 10 days with an itemized list of the damages done to the property. THe damages come out to be more than her security deposit. I have pictures of every damage and copies of all walk thrus that were done during her stay. She claims that the damages are not actual damages and are normal wear and tear. What should I do?

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Originally Posted by girifamily

. What should I do?

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Go to small claims court, it isn't going to cost you anything but travel and down time, and take your pictures and all information you have. If your pictures prove that this is more then wear and tear (how long was she in the apt. )then there won't be a problem. Call her bluff. Who knows, you might win.

Tick

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Originally Posted by girifamily

... What should I do?

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Originally Posted by tickle

Go to small claims court, ...

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Well, actually, you could go to SC if and when the former tenant sued you. Until then, there is nothing to do, other than get the damages actually repaired - so that you will have evidence of what the repair costs are.

In other words, the ball is in her court.

We can't really tell who is in the right since we don't see the condition of the apartment before and after the tenat resided. Post your pictures and we can help figure out what is normal and what is not. In the meantime though the threat is just a threat so follow the advice given. Keep all pictures and get the repairs done and hang onto the receipts.

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Originally Posted by AK lawyer

In other words, the ball is in her court.

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I don't think so, AK. The ball is in the landord's court, and he should absolutely not have anything repaired (unless of course he needs the money for another rental).

Respond to the tenant stating that you believe that your charges are justified and if she disputes them feel free to take you to court. SHE has to initiate this so you do nothing until you receive a summons. Then you appear for the hearing with your proof.

[QUOTE=ballengerb1;2600682]We can't really tell who is in the right since we don't see the condition of the apartment before and after the tenat resided. Post your pictures and we can help figure out what is normal and what is not. In the meantime though the threat is just a threat so follow the advice given. Keep all pictures and get the repairs done and hang onto the receipts.[/QUOTE

Landord hasn't said how long occupant was in the apartment to create damage. So that would be interesting to hear. Anyone renting wants their security deposit returned to get another rental lined up. This is a really old story. Landord should get out his/her landlord/tenant rules and check them, but if there was damage in a small space of time, then, landlord should definitely go to small claims court.

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Originally Posted by tickle

then, landlord should definitely go to small claims court.

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Landlord should go to court but ONLY to defend against a suit by the tenant. There is NO reason for the landlord to go to court otherwise. Its up to the tenant to sue for the return of the deposit, not the other way around.

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Originally Posted by tickle

... but if there was damage in a small space of time, then, landlord should definitely go to small claims court.

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Tickle and I seem to disagree. I say the deposit is for the landlord to repair the unit for the next rental. Tickle seems to believe it can only be spent after LL goes to SC and gets a judge to rule that the damages are what LL thinks they are.

If LL spends the deposit on repairs,

• LL will have better evidence as to what the cost of repairs was; and
• LL will then be able to get the premises back on the rental market sooner.

The downside is that if LL is wrong, there is the risk that the former tenant will be able to get a judgment for some or all of the deposit. It's a calculated risk. I say that if you are sure about the damages, and that it's not merely wear and tear, go for it: You will probably need the repairs done anyway.

I disagree with everyone. The OP said that the damages exceeded the amount of the security deposit. My advice is to have all damages repaired immediately, documenting them with detailed receipts and pictures, and then sue the tenant in small claims court for the balance of the cost of repairs.

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Originally Posted by LisaB4657

sue the tenant in small claims court for the balance of the cost of repairs.

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You're right. I forgot she said the costs exceeded the deposit.

You can't do anything to stop them from suing you. So you just get ready for them to sue . Or as noted you sue them first for the damages above the deposit .