Tenant suing after a year for security deposit x2

Tenant suing after a year for security deposit x2 by InformatioNation (Michigan) on June 19, 2012 @12:37

This tenant lived in my little one bedroom full basement house in the country for 3 years. When she moved, the house was a disaster. The basement had mold and mushrooms growing in the corners, it looked like she never looked up, so there were cobwebs all over the house, she damaged the smoke detector, and there were bugs everywhere (we even found a frog in the bathtub!) Once I got the final work order for the house it had been past her 30 days by 3, so I sent her a letter and a maintenance work order explaining the charges and why she wasn't getting a deposit back. The total in damages was over $100 more than her deposit, but we just held the deposit and didn't bill her the rest. I heard nothing for over a year, then we got served court papers and she is suing us for the deposit x2. I still have all the paper work as well as receipts for all the work and damages, do I have anything to be concerned about?

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Re: Tenant suing after a year for security deposit x2 by The Dude (MN) on June 19, 2012 @12:44	[ Reply ]

She probably heard she can sue you for not getting a letter explaining her security deposit within a certain timeframe. It varies by state, so you need to check what your local laws are. Her friend or family member probably said something about a security deposit law totally unrelated to living at your place and now she wants to cash in. I don't know if there's a statute of limitations or anything of that sort, I'd assume not, but again, worth checking. In my opinion, as long as you have the receipts and the the original letter explaining the work needed and charges, you'll have no problem in court. Like I said, she heard or read something somewhere about suing a landlord for holding a security deposit and now she's trying to cash in. Some people are just sue happy.

Re: Tenant suing after a year for security deposit x2 by Anonymous on June 19, 2012 @12:47	[ Reply ]

You might have a snag because of the date the settlement statement was issued, even though it was only 3 days. It will depend on how by the book and strict the judge is. Hopefully, you still have all the work orders and paperwork from the repairs. Pictures will help as well if you had taken some as documentation.

Re: Tenant suing after a year for security deposit x2 by Jake on June 19, 2012 @12:49	[ Reply ]

Do you have anything to worry about? Probably not. It is not like you failed to sent the settlement statement out. There was much to be done to prepare it and you exercised due diligence. When you appear in court, have all your papers in order. As much as possible, make a case that the gathering of estimates, cleaning and repairs was so substantial that you could not have worked faster. Hope you took photos. Make yourself a victim before the Judge. The tenant trashed the place and now is victimizing you again.

Re: Tenant suing after a year for security deposit x2 by Anna Mouse on June 19, 2012 @14:42	[ Reply ]

I have researched security deposits. What I found is that if the tenant has a dispute they are to first contact the LL by mail and ask for their deposit. Then if the LL does not respond the next step would be filing in court. This may only be for my state. I don't believe you will have a thing to worry about. In fact I would go over my records and make sure it was only $100 dollars she owed you. Then you might consider a counter claim for the additional amount she owes.

Re: Tenant suing after a year for security deposit x2 by MrDan (Georgia) on June 19, 2012 @15:35	[ Reply ]

You need to learn your State laws as it applies to security deposits. There are several steps which must be taken by both the landlord and tenant for the return of the security deposit. Just looking through the regulations, it appears that you have lost the right to claim any damages or retain the security deposit. It states that failure to return the security deposit within thirdy days, the landlord gives up the right to claim anything. There are a few exceptions that might save you... http://www.legislature.mi.gov/(S(5tuzbbrztotbsdbnhq2owd45))/mileg.aspx?page=GetMCLDocument&objectname=mcl-act-348-of-1972

Re: Tenant suing after a year for security deposit x2 by Mo (Wa) on June 19, 2012 @17:26	[ Reply ]

In Wa state you need to send the settlement letter certified mail and with in 14 days. I would think it varies state to state. If the certified mail is returned you need to keep it for your records. The judges here always want proof of this.