Tenant didn't pay rent but threatening to sue us for security deposit

[traderb6]

What is the name of your state (only U.S. law)? CA

I Have a property that was rented as a SHORT-term rental to a guy & his fiance at significantly REDUCED rent because although I was working with bank to modify loan, I knew there'd be slim chance bank would go thru with modification.
Tenant was VERY pleased with the home - GREAT deal, new house, & in great neighborhood. After 9 months, in June 2010 we let tenants know that they ought to look for new house because indeed bank would be taking back the house.


The tenants looked at a few places thru our property mgr but said they didn't like any & ultimately stayed in our house. They stopped paying rent in Jan. 2011 but continued to live in house thru June 2011
(5 months total unpaid rent).

Now they have said they will sue for the security deposit if we don't return it. We consider it unpaid rent, though it is only the equivalent of 1 month's rent)
(In addition to above info, tenant sublet a room without our written consent & didn't pay up. Then he also acquired a big pitbull without our written consent - both we learned about just a month ago)

Thanks for any advice!

 

[cyjeff]

Tell them to take you to court and to make sure they bring along the cancelled checks for the 5 or 6 months they were living rent free.

Then counter sue for the unpaid rent.

 

[Gail in Georgia]

You HAVE notified your former tenant of the status of their security deposit IN WRITING within the time period required by the state of California, correct?

California Tenants - California Department of Consumer Affairs

Do you still own the house or does the bank?

If you still own it why did you allow them to live there rent free for five months?

Gail