ANY Landlords out there. What would you do?

[goterps74]

So I have a rental property (townhouse) in Maryland that I rented to a section 8 lady with three kids. Yeah I know, no jokes please

To make a long story short, I decided not to renew her lease at the end of November 2009. BUT

She begged to stay for 26 days more cause of Xmas in December. Ok so I caved in

Well. Big mistake on my part because she didn't pay one penny for the 26 days in December. Only Section 8 paid me $600 for December, but the rent is $1900.

Later during the end of December 2009, after looking over the place, she caused $2000 worth of damage also. So I ate it and moved on. I have since rented it to another couple who seems good thus far.

I sent the ex tenant a letter via regular snail mail back in January 2010, saying that I was going to keep her deposit of $1900 because of the damages she caused itemized. I also informed section 8 via email of this and they had no objection.

So today out of the blue, I get a call from her and she of course now wants her $1900 security deposit.

I laughed. I told her no way and basically told her to take a hike.

She is now threatening to sue me in small claims

DOES SHE HAVE A CASE?

[upinya83]

anyone can sue -

hopefully you have pictures/evidence of damage done and professional estimates to give reason for keeping entire $1900

[rjb1816]

tenants trying to get deposit money back is usually a fruitless effort if the landlord documented the damage...or have receipts showing repairs done before the new tenants moved in

[goterps74]

Originally Posted by upinya83

anyone can sue -

hopefully you have pictures/evidence of damage done

i do and get an affadavit from the handyman who repaired the place.. the stove was broken, holes in walls and all of the bathroom tile was broken

of course she never disclosed any of this crap during her 1 year there

[Bisket]

tell her you will countersue for 10 grand. She'll probably believe you

[ZoomVT]

yeah hopefully you took pictures and kept copies of the letter. also you should have sent her a letter outlining the damages and that you expected payment. if you didnt, she can claim she didnt know and did not have a chance to make good; which she would have the choice to make the repairs at her own cost and not forfeit her deposit. You should have also kept a record of the extra month.

if you have all of the above, she has no real case (but i dont know the rules in MD; ie in VT you cannot easily evict someone in the winter). If you dont have all of the above, if she has a good lawyer she could be a PITA to deal with but i still dont see how you should worry about it.

[goterps74]

Originally Posted by Bisket23

tell her you will countersue for 10 grand. She'll probably believe you

LOL

Not a bad idea

[goterps74]

Originally Posted by ZoomVT

yeah hopefully you took pictures and kept copies of the letter. also you should have sent her a letter outlining the damages and that you expected payment. if you didnt, she can claim she didnt know and did not have a chance to make good; which she would have the choice to make the repairs at her own cost and not forfeit her deposit. You should have also kept a record of the extra month.

if you have all of the above, she has no real case (but i dont know the rules in MD; ie in VT you cannot easily evict someone in the winter). If you dont have all of the above, if she has a good lawyer she could be a PITA to deal with but i still dont see how you should worry about it.

only mistake i made thinking about it now was.... the fact that i didnt send her the letter listing the damages via certified mail

[BigFratDaddy]

Originally Posted by goterps74

LOL

Not a bad idea

seriously it isnt a bad idea

there isnt shit she can do either as long as you have contractual proof she stiffed you decembers rent, not to mention before/after pictures of damages.

pretty much she can suck it.

[Lukester]

I do occasional jobs for a few landlords and let me tell you how they all think:

$2000 damage versus a $1900 month's rent take per year is ok. You did swallow it and that's a good gesture--it's tax deductible anyways. In other words, a landlord budgets 11/12 months on average because when the tenant moves out after his year lease it takes a good 2-4 weeks to repaint, clean, + any other other small repairs before it's ready to be re-leased. So wash that 12th month...sometimes more as 2 months is bound to happen one or twice per decade.

Every States/Provinces have their own Landlord/Tenancy Act. In Ontario a "security deposit" is not permitted but a lanlord is allowed to ask for first and last month's rent in advance before the tenant moves in--and most all do. Maybe it means the same thing to you but not to me.

A landlord is never allowed to go in a dwelling and seize any property owned by his tenant even if the rent was not paid for six months. They should take steps to evict legally. The sherriff is the only one allowed to put their furniture outside--no one else.

Hopefully you signed a lease agreement with the tenant that will protect you from remitting that security deposit for property damage. If not, sometimes $1900 is not worth protecting or the stress of lawyers, cour, and maybe threats or further damage by them.

I would never buy a Section 8. You know most are all riff raffs and flim flams. I would fix it "turnkey" and sell it if I was you. But even in a middle class or high end sectors--they have their share of dicks too.

GL

[goterps74]

Lukester, as u know the real estate market is in the dumps.. At this time, I cannot sell it

Thx for the advice

[Dr. Jack]

People who sue usually don't threaten to sue in these cases. It's all the leverage she has is to threaten lawsuit & hope to you it's not worth the aggravation

[goterps74]

Originally Posted by Dr. Jack

People who sue usually don't threaten to sue in these cases. It's all the leverage she has is to threaten lawsuit & hope to you it's not worth the aggravation

I think so too... Shes bluffing hoping I would cave in again.
BUT NOT THIS TIME


I mean why did she wait this long to call me?

Its been almost two months

[Big Pimpin]

Section 8 in Pakistani neighborhoods? unreal

[Yankee23]

Did she sign a lease and if so was the security deposit outlined in the lease?