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    Landuvfree2's Avatar
    Landuvfree2 Posts: 1, Reputation: 1
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    #1

    Oct 24, 2006, 03:37 PM
    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?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Oct 24, 2006, 03:41 PM
    What state do you live?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Oct 24, 2006, 04:28 PM
    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
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
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    #4

    Oct 26, 2006, 10:52 AM
    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.
    bhayne's Avatar
    bhayne Posts: 339, Reputation: 4
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    #5

    Oct 26, 2006, 10:55 AM
    I would wait for him to sue and find out what he is sueing for. If it's legit, settle with him!
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
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    #6

    Oct 27, 2006, 07:55 AM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #7

    Oct 27, 2006, 08:14 AM
    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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