Re: Mold, Security Deposit, and Last Months Rent

Re: Mold, Security Deposit, and Last Months Rent by Martin (FL) on July 8, 2012 @21:24

If they do file suit, it will most likely to go small-claims court. The initial phase of small-claims court is mediation. This is where a mediator will try to facilitate a negotiation or settlement between the tenants, and you. If no negotiations/agreements/settlements can be met between the two of you then it will be proceed to a court hearing with a judge. This is usually how it's set up with most of these county courts in FL.

If they do sue you, I would file a counter-claim against them for the remaining months rent, and any other applicable damages. You could also file a motion for dismissal. At least they can't get you for the Security Deposit or your failure to send them an itemized list of deductions for your claim on the security deposit. I hope you sent them the itemized list, and the remainder of the security deposit after deductions within 30 days. Some states have that double or even triple damages clause for this failure or you just legally lose your right to withhold any monies or claims on the security deposit.

[ Reply ] [ Return to forum ]

Re: Mold, Security Deposit, and Last Months Rent by Sandy (Ohio) on July 8, 2012 @21:40	[ Reply ]

Basically what this attorney is trying to do is get you to settle even though the tenants may or may not be in the right. Legal extortion in my opinion. Based upon what you wrote I think the tenants are cupable in this situation, and they know it but don't want to take responsibility, and are trying to shift the blame onto you. Like they say, 'The Best Defense Is A Good Offense'. Maybe the tenants just wanted to move somewhere else for whatever reason, and were looking for a way out. Maybe they could no longer afford the rent.

Re: Mold, Security Deposit, and Last Months Rent - Landlord Forum thread 260130