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Tenant suing for security deposit - she broke contract.

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NewYorkNancy

Junior Member
What is the name of your state (only U.S. law)? NEW YORK
Early Last month I rented a house to a woman who'd recently moved to town & found employment. She signed the lease and gave me a deposit (which I put in the bank that day). Contract says she'd move in on 12/24.

A week later, she left me a message, saying 'call me as soon as you can.' She lost her job and was moving back to Michigan. She wanted her deposit back as she had lost her job prior to moving in, and hadn't lived in the house.

I spoke with my attorney, who told me that the contract is, of course, a legally binding document, even if she hadn't lived there. I told him that as soon as I found replacement tenants, I'd let her out of the lease and return whatever deposit was left (after deducting whatever rent costs she owed and utilities, which are the tenant's responsibility).

He said that's considered 'mitigation of damages,' and was fair.

Ex tenant filed with small claims court, saying that since she hadn't lived in the house, she should get her deposit back. In her claim she's pro-rated the rent from 12/24 till Jan 1, and hasn't included utilities.

I'll be in court on Feb 4. My argument is that she signed a 12 month lease, and I found tenants who moved in last weekend. As soon as she told me she wasn't moving in, I began looking for replacement. Finding someone who wants to move in took several weeks -- and, in short, she owes me rent for the time b/w Dec 24 and Jan 22 + utilities.

Please give me feedback on what, if anything, I can do to make my case stronger! I have the lease we both signed, and a record of the deposit, as well as the utility bill.What is the name of your state (only U.S. law)?
 


Who's Liable?

Senior Member
You are correct.

Additionally, it sounds like she did not give you proper notice either, to which you can tack on an extra month if you wish. However I would offer 1 month less if she is cordial.

Utilities cannot be included unless they are specifically addressed as being part of the lease.
 

NewYorkNancy

Junior Member
The lease specifies that the tenant is responsible for utilities.

One never knows how a judge will rule, but I'm hoping I have a pretty good case! I'll be in court Feb. 4 about this.
 

Banned_Princess

Senior Member
The lease specifies that the tenant is responsible for utilities.

One never knows how a judge will rule, but I'm hoping I have a pretty good case! I'll be in court Feb. 4 about this.
I agree you are totally in the right.

Don't forget to bring the proof of your trying to re rent it. (if you haven't already have it re rented. )
 

sandyclaus

Senior Member
The lease specifies that the tenant is responsible for utilities.
I can understand charging for MINIMAL utilities as the lease allows for it, but just how much are you looking for here? An empty house does not rack up very much in utility costs if there is no one there to use them.
 

NewYorkNancy

Junior Member
RE: utilities - I live in upstate NY and it's winter. I've got to keep the heat on (though I had it at 55) to keep plumbing from freezing. Heat/electricity has cost ~$200.

I'm hoping the judge will rule in my favor. I *think* I have a solid case, but one never knows....
 

divona2000

Senior Member
RE: utilities - I live in upstate NY and it's winter. I've got to keep the heat on (though I had it at 55) to keep plumbing from freezing. Heat/electricity has cost ~$200....
However, you would have had to keep the heat on for that very reason even if it was never rented.
 

Banned_Princess

Senior Member
However, you would have had to keep the heat on for that very reason even if it was never rented.
Yes but it is in the lease that that is what has to be paid in addition to the rent. therefore it is like additional rent, and I don't think she is being presumptuous in including it in the damages, because she wouldn't have had to pay it, if it was being taken care of by the tenant who's signed for that responsibility less then a month ago.

But no problem if the judge agrees or doesn't agree, its not like he's going to throw out the whole case and award the tenant all his deposit back over it.

Not that big of a deal. Better have it on and not deserve it, then leave it off and deserve it.
 

NewYorkNancy

Junior Member
I spoke to my attorney about this - he said if she was supposed to pay utilities as part of the lease, she's responsible for utilities.

This is a pain in the you know what. I told her exactly what the lawyer said, and she still sued. I've got to take time away from work for this - annoying!
 

BL

Senior Member
I spoke to my attorney about this - he said if she was supposed to pay utilities as part of the lease, she's responsible for utilities.

This is a pain in the you know what. I told her exactly what the lawyer said, and she still sued. I've got to take time away from work for this - annoying!
That's part of the business of land lording .
 

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