Tenant wants to take me to small claims court for security deposit.?

Question

My tenants were on a month-to-month rental agreement and vacated the unit. In the original lease terms that have expired they were required to give 60 days notice. They gave me 30 days notice and I charged them for one month of unpaid rent as well as cleaning and carpet replacement. I did not give them a final walk through as they requested and charged them for unpaid rent, carpet replacement and cleaning. They did have pets can I use that against them? If they take me to small claims court will I win?

Answer 1

In regards to not giving them an inspection upon request.  NOT A GOOD IDEA.  You could lose that one.

In regards to 60 days vs 30 days.  What does the lease say happens after the lease expires.  My lease clearly states that after the original term, the lease becomes a month to month.  However, all terms and conditions of original lease remain in full force and effect.  In other words, they still need to give 60 days notice.

Answer 2

It's a little late, butuyou should research the landlord tenant laws in your state.  They will specify what you can and cannot withhold the security deposit for.  Most states have very specific laws also about how long a landlord can hold on to a security deposit.  Typically the landlord must itemize damages within a certain time frame, and in some states if money is wrongfully withheld the landlord can be charged double the amount that should have been refunded.

In no state can you legally use the security deposit for unpaid rent.

Answer 3

Seriously after reading your other post you have serious issues if the tenant files in small claims you will loose

1. After reading your other post you state you are in CA, by state statute you had to do a walk threw, your failure to do so means you can not deduct any monies from the security deposit that is CA law

2. It did not matter what your lease stated about 60 day notice once it went month to month under CA statute 21 straight day notice is all that is required so you can not hold the tenant to 60 days by CA statute

3. You can not charge replacement value only FMV

Answer 4

READ your lease carefully.  Generally they have clauses for holding over, and generally it becomes a month to month tenancy.  IF you sent them a letter noting that their tenancy was continuing on a month to month basis and that the 60 day notice from lease still applied, and they stayed, then you probably can enforce the 60 days notice.  In future, always get something like that signed by tenants, then it's enforceable.

Why did you refuse to give them the walkthrough?  That's standard practice and will be held against you in any claims for damage.  Some states REQUIRE that you do one in order to charge for damages--check your state laws.  Just because they had two dogs doesn't mean you can charge them for replacement carpeting.  Did they damage it?  Did they clean it.  I'm not hearing a strong case for carpet replacement costs here.

Any time you go to court you have a 50/50 chance of winning.  Often with landlord tenant cases the judges insist on the two parties compromising.  If they sue you, you will have to counterclaim.

Answer 5

You may only win part of this one.

Depending on the wording of your 60 day requirement (they donot need to sign it) the judge might give them a break and give it back to them.

Since you are only charging for carpeting and basic cleaning you should be OK because they have animals.   It is hard to deny damage with animals involved.   If you are charging for other damages your lack of a walk thru will hurt you depending on your state.    They will have to PROVE they requested it though.     While I would not lie and deny it I might say, while shuffling through my papers, "I have no record of a walk thru request."