Re: Tenants Counter-Claim - Landlord Forum thread

Re: Tenants Counter-Claim by Eloise on July 5, 2012 @09:51

I think this all can be blamed to miscommunication. I am confused myself by this part of your post:

"After hearing my intended interpretation, my tenants agreed to a one month breaklease penalty plus retention of the security deposit. I didn't accept this and still feel they should pay the additional month breaklease fee and I'll handle their security deposit like normal. I have filed a small claims court case against them for the additional month. "

How did your tenants "agree", I don't understand, did you guys sit down to negotiate and then agreed to one month plus the security deposit? Did they just tell you without running it by you that they'd do 1 month and you could keep the deposit? How did that discussion go down?
The way I am reading it, it sounds like you guys AGREED together that 1 month plus the SD was sufficient, but then you decided afterwards that this is not what you wanted, is that the case?

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Re: Tenants Counter-Claim by Bill (MN) on July 5, 2012 @09:54	[ Reply ]

The tenants said they'd pay one month in a break lease fee and allow retention of the security deposit. That was never agreed upon by me, they just said that was what they were willing to do and added the extra month to their last rent check. Sorry for the confusion.

Re: Tenants Counter-Claim by Anonymous on July 5, 2012 @11:13	[ Reply ]

If you cashed that rent check with the extra month added, then the judge may decided that you agreed to the tenant's counter offer. By cashing the check, you are agreeing to it by accepting monies. In the same token, the tenants cannot just say we changed our mind as well at a later date once a settlement has been completed (them sending a check and you cashing it) in most cases.

Re: Tenants Counter-Claim by The Dude (MN) on July 5, 2012 @11:29	[ Reply ]

I'm doubting the tenant's lawyer advised them to file a counter-suit with an expectation of gaining anything from it. More of a scare tactic and it seems to have worked in this case. I would bet anything the tenant's drop the lawsuit the second the landlord does and just lets their agreement ride. They have to know they can't get back money already paid and a settlement offer they brought to the table in writing. Everything else about these tenants seems like they know what they're doing, it doesn't make sense they would file a ridiculous lawsuit without it being a ploy. That being said, I wouldn't test it. Move on, write your lease better next go around, and learn from this.