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Re: early lease termination/security deposit
by Katiekate (New York)
on September 26, 2014 @10:12
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Geez, I wish I had a dollar for every "lawyer" who called me to threaten me with a lawsuit. Good grief.
I would put it in writing. Breaking the lease because the tenant brought fleas into the unit is not acceptable, Any court would give you 2 months of rent.
As for the SD...do not make an agreement to let her out based on keeping the SD....you just cannot know who much damage she will do going out the door. In one Sect 8 housing project I managed, the popular trick was to demand the landlord pay for the moving expenses...those which refused found bleach poured onto their carpets and the sinks closed with water running flooding everything. Not saying this tenant will deliberately damage the unit..but..you do not know how much of the SD you will need till she is gone.
As for the phone call. Ignore it. If it is a real lawyer you will get a letter on official letterhead. (I doubt you ever will)
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Re: early lease termination/security deposit
by NFL_LL (FL)
on September 28, 2014 @10:28
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I know. I laugh (inside) when tenants tell me they are going to sue me or contact a lawyer about something we disagree on. What they do not know, because I never tell them, is that I'm educated and worked in the legal field for years (the last 2 being real estate law).
Most of the time I don't respond, but occasionally I will give them the number to the clerk of courts civil division along with their business hours and toss out the names of a few attorneys that I've worked with. Then I add that I always file a counterclaim to any suit brought against me that lacks standing. To date, I've never been contacted by tenant's attorney.
On the issue, if the fleas weren't there when you showed her the place, then where did they come from? Fleas do not magically appear. They are parasites brought in by the host.
How did you misrepresent the property? Were fleas present when you showed her the property?
If the attorney is real, call the attorney's office and verify that he indeed has been retained by your tenant and that he sent you the correspondence.
This is not legal advice nor is it intended as such. This is my opinion. For legal advice, contact an attorney.
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