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Old 03-30-2015, 01:02 AM   #21
Disagreeable
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Default Re: Can Landlord Sue Tenant (me) for damages exceeding deposit?

Whenever a landlord sues you, the first think to check is whether they did so within the time prescribed by law. Then you need to check and see if the state required them to put deposits into a bank account and send you a formal letter of where the account is. If it is required, then check to see if their failure to do either voids the lease and they owe you a full refund of all rents paid. Then, get a list of all the damages they claim, by going to their office. Ask them to put in writing the dates any items they are suing you over were put into use and their cost. If there was a a re-rental of the property and you skipped on your lease, see if it is occupied. Ask an old neighbor when they occupied it. Take a picture of their name on the mail box, with a newspaper date for record. Then go back to the management office and ask when they rented your unit and to adjust the amount they are suing for by the rent overcharge. Obtain estimates of normal depreciation for the items they charged you for. Many times, they try to charge full replacement cost, when they are only due deprecated value of the original purchase price if you destroyed something. Always file a counter suit for the full amount of your deposit. That way if the judge has any cause to throw out their case due to procedural issues you raise, or charges that you do not actually legally owe, you might collect some or all of your deposit back.
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Old 11-30-2019, 05:19 PM   #22
astasia7
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Default Re: Can Landlord Sue Tenant (me) for damages exceeding deposit?

Quote:
Originally Posted by Disagreeable View Post
Whenever a landlord sues you, the first think to check is whether they did so within the time prescribed by law. Then you need to check and see if the state required them to put deposits into a bank account and send you a formal letter of where the account is. If it is required, then check to see if their failure to do either voids the lease and they owe you a full refund of all rents paid. Then, get a list of all the damages they claim, by going to their office. Ask them to put in writing the dates any items they are suing you over were put into use and their cost. If there was a a re-rental of the property and you skipped on your lease, see if it is occupied. Ask an old neighbor when they occupied it. Take a picture of their name on the mail box, with a newspaper date for record. Then go back to the management office and ask when they rented your unit and to adjust the amount they are suing for by the rent overcharge. Obtain estimates of normal depreciation for the items they charged you for. Many times, they try to charge full replacement cost, when they are only due deprecated value of the original purchase price if you destroyed something. Always file a counter suit for the full amount of your deposit. That way if the judge has any cause to throw out their case due to procedural issues you raise, or charges that you do not actually legally owe, you might collect some or all of your deposit back.
Excellent suggestions which I am following 100% by the way right now. thanks!!!
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