Can a tenant sue for their sec. dep. if they broke their lease and caused over that amount in damage?

Question

I am a landlord in MA. My tenant moved out 2 months before there lease agreement was up. We didn't find new tenants until a month later. We sent the tenant that moved out a letter stating the reasons her security deposit wasn't being returned. They included the following: Contract Breech, Cost of finding new tenants, 2 weeks lost rent, the carpet in 1 of the rooms had to be replaced being permetly stained, the hardwood floors had to be refinshed due to deep staches and the polish being worn down to the actual wood where their computer chair was, the handle front door was missing all together and needed to be replaced, also Grounds for Eviction being that she had 2 unauthorized people leaving in the apartment and the daughter was smoking in her bedroom when the lease stated no smoking in the apartment. This actual left a negative balance of $562.50. We have pictures to show the damage that was beyond the "normal wear and tear". Now the tenants are taking us to court. do they have a cas

Answer 1

If they moved out earlier than what the lease stated, then they owe you through the day before you re-rented it or the lease expired. You CANNOT charge double rent. Also, as long as you can prove with reciepts that maint. such as broken items that needed to be replace and charges that the lease allows you take were actually done, then you have a legal right to charge for them because you can prove in court what you had to do. They can sue you all they like, but as long as you are within your legal rights, you have no worries. Also, they must pay the court cost's and filing fee's should they lose and alot of time's they don't want to. Usually they just threaten to see if they can get out from paying you. Most people know if they are right or wrong. Call your local HUD office, Housing & Urban Developement or Housing Authority and talk to someone there. They are there to help both landlords and tenants with their questions.

Answer 2

they would ahve had they not broken the contract.

a sec deposit is actually just that a sec. dep not a damag. deposit like most call it.

if they hadn't broken the lease they could have gotten the sec dep back b/c it's not a dam depo. but b/c they broke the lease that is what a sec. depot. is for when a tenant can't make rent. so no they won't have a case

Answer 3

They sure don't.  Especially if they broke the lease.  Tenants can be ridiculous.  I am a landlord as well.  Good luck.

Answer 4

I wouldn't worry about it. They're just wasting money taking you to court. Rude people...be glad they're gone!! If they really file a suit the counter sue for the amount they owe you.

Answer 5

From what you stated, the tenants can attempt to sue you, but they have no case.  Make sure if you go to court you take the original lease, what violations of that lease they did, photos of all the damage done, a copy of the letter you sent to them and receipts for all the work to put in back into liveable and rental condition.  I doubt if you would get reimbursed for the cost of finding new tenants, as this would be a normal expense if all the other things did not occur and they left after the lease expired.

Answer 6

i would check the laws in your state but to my understanding. in that situation you could sue the tenant for the remainder of the lease,keep the security deposit and sue them for the damages they caused to your property.get a hold of an attorney a.s.a.p.

as far as them suing you for their security deposit.that case will get laughed out of court. so you shouldn't have to worry about that at all.

Answer 7

If they broke there lease they can not sue for anything on the other hang you can charge from the time they moved out to the time that there lease was up or till someone moved in. You can also charge for any damages . But your old tenants can not sue for the sec. dep if they broke there lease. They most defantly can not sue for it if  there was damages. If anything you can counter sue for the reaming amount that you are out.

Answer 8

They don't have a case.  Bring all the paperwork and photos of the damage they caused.  Also, countersue for the additional damages not covered by the security deposit.

Answer 9

Sure they can sue you, but it is very doubtful that they would win. The security deposit should be kept if they damage the apartment beyond normal wear and tear.

Answer 10

They can sue, but I doubt they will win.  I would counter-sue for the amount you are in the negative.  Bring whatever evidence you have...pictures, bills, etc.