aggrivated

[jr.henson]

What is the name of your state? Missouri

I had a tenant that was continuously late with rent. I've learned to have a written contract even if you know the individual. I had to continuously hunt my rent money down each month. There was a month that the rent was at least 43 days late. I just continued to request my money. Upon their leaving the rental property, the tenant told me to keep the $400.00 deposit for the late rent for several months and the aggrivation of late banking fees. Next, she state to take out the last half of the months rent for their final month. That was at the end of January. Today, I received a voice mail indicating that she is going to sue me for the nonreturn of deposit which she said to keep.

The tenants removed the livingroom carpet with the agreement of replacement which never took place. The stapled strip boards are still present all around the edges of the room. Trash bags are still stacked in the house. Boxes of glasses and cups are still on the counter. Emplty boxes are still in the cabinets. Trash is on the back porch and under the carport. Brocken glass is on the front porch. Stickers were placed on the paneling. I was just glad to get the tenants out and gone. Now with the threat of a lawsuit that "her friend which is a lawyer is really pushing". I'm not sure of where I stand on the verbal agreement and what can I actually place in a countersuit against them? I know in the state of Missouri a landlord is to give in writing within 30 days the reason for nonreturn of deposit. She was the one to state keep it (the deposit). I wasn't deducting anything at the time of our conversation. I do have pictures of mess and staple strips. What should I do and where should I go from here?

 

[ecmst12]

I don't suppose you got it in writing where she told you to keep her deposit...

 

[dcatz]

May be wrong, but what I suspect your statute requires is that you return the security deposit and an accounting of any deductions retained for unpaid rent and/or necessary repairs. The final accounting may be a number less than zero. She may owe you.

In any event, even if you're beyond the statutory period, do what you can to comply now. Fix or get estimates to fix all the damage, and for trash removal and cleaning. Get at least two estimates for each job. You already have photographs. With luck, the lowest of each estimate may still come to $400 or more in the aggregate.

You're already late in doing this (so also let it be a lesson for next time), but send her a letter with copies of the extimates/invoices and remind her of her verbal authorization to retain the $400 to cover it all. Let her know that you had intended to do that and nothing more, but explain that, if she sues for the security deposit return, you intend to counter-claim for the damages and unpaid rent. Send it cetified, RRR. With luck, she'll back off.

Despite being beyond the statutory period, that letter, proposal and evidence of damage should help not hurt, if you do end up in court.

And, if it happens, do counter-claim. And remember your position as a landlord in the future. You knew of the statutory requirement (which exists in some form in every state); don't ignore it. Learn to do a "walk-thru" and make a written checklist of the condition of the premises when a tenant moves in and moves out. Each of you sign and each keep a copy. In it, also memorialize verbal agreements. It's a simple precaution that would have prevented this problem.

(And you reference a lease agreement as if it's an unusual and enlightened decision that you made to use one. It's basic. Start doing some reading on your rights and obligations as a landlord, or you're going to have problem after problem.)