Re: Security Deposit handling - Landlord Forum thread 354326

Re: Security Deposit handling by Anonymous on September 20, 2017 @08:03

The tenants can counter sue you for a constructive eviction and/or fail suit against you for a non habitable rental house. You terminated the lease and therefore should return all prorated rent and full security deposit. You should have worked something out before terminating the lease about the wallpaper. If you go to court and the tenant receives a reduction of damages, they are the prevailing party, and are entitled to damages, court cost and attorney fees. Those attorney fees could be in the thousands. They could also argue that you permitted a danger tree to remain on the property and of course, like most landlords, never had a tree company evaluate the condition of your trees.

Unless you like to gamble, just get the damage house repaired and rent ready for your next tenant. It appears that you have a personal attachment to the wallpaper.

Look at it this way. If the tenants removed the wallpaper and the place burned down or was destroyed in a hurricane. I don't think any judge would not allow the charges. The place was inhabitable, if not, why did you end the lease? Smart landlords know when to pursue damages and when not to. The question is, what kind are you?

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