Can they still take us to small claims court?

[mare1954]

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

We had a tenant who had a lease for one year. About six weeks before their lease was up, the wife called to say they had separated and that the husband had moved away. She paid the rent for the last month which finished out the lease, but then moved after seven days into the month. She and the husband had keys to the house and never returned them. The wife complained that she had been left with all of this; that she had to work and had no time to clean the house; and that her son had been ill. After two weeks into the month, she was not getting the cleaning done. I could see this because she agreed for me to let in the handyman and appliance repairperson to do some repairs. I left her a note and suggested that a cleaning crew could clean the house much faster than she could, given her reported situation. I told her if she wanted to do that it would have to come out of the security deposit. Two days later she called me and said she agreed a crew could do the cleaning, so I asked her if she wanted me to arrange it and she agreed. The day the cleaners started, she was at the house and said nothing to them. I tried to call her when the cleaning and repairs were finished to do a walkthrough, but she did not return my calls. Two days into the next month, she called me to meet her at the house. We walked through and looked at the house, and I pointed out numerous cigarette burns in the carpeting. She claimed she didn't know how the burns happened. She commented on what a good job the cleaners did and removed a few of her personal belongings that were still on the property. She left and never gave me her forwarding address. She did not return my calls. A few days after I sent her an accounting for her security deposit and three checks totaling the amount of her sec. dep return, she wrote me a nasty letter and demanded back rent, & her whole sec. deposit! I wrote her a certified letter with a timeline of our conversations and asked her to reconsider. She called me and we talked. She claimed she never gave me permission to get the house cleaned, even though she did. It seemed we had an understanding, but i notice she cashed two of the three checks i had sent her, and not the last one. My question is, because she hasn't cashed the last one, can she take me to small claims court over this? I don't know why she cashed two and not the third one, so I am just wondering if she still might take us to court. No one has served us with papers, but I want to be ready. thanks

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

 

[Gail in Georgia]

Pretty much anyone can sue anyone for anything.

It's winning the lawsuit that's the tricky part.

Gail

 

[sandyclaus]

Welcome to America, Land of Litigation

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

We had a tenant who had a lease for one year. About six weeks before their lease was up, the wife called to say they had separated and that the husband had moved away. She paid the rent for the last month which finished out the lease, but then moved after seven days into the month. She and the husband had keys to the house and never returned them. The wife complained that she had been left with all of this; that she had to work and had no time to clean the house; and that her son had been ill. After two weeks into the month, she was not getting the cleaning done. I could see this because she agreed for me to let in the handyman and appliance repairperson to do some repairs. I left her a note and suggested that a cleaning crew could clean the house much faster than she could, given her reported situation. I told her if she wanted to do that it would have to come out of the security deposit. Two days later she called me and said she agreed a crew could do the cleaning, so I asked her if she wanted me to arrange it and she agreed. The day the cleaners started, she was at the house and said nothing to them. I tried to call her when the cleaning and repairs were finished to do a walkthrough, but she did not return my calls. Two days into the next month, she called me to meet her at the house. We walked through and looked at the house, and I pointed out numerous cigarette burns in the carpeting. She claimed she didn't know how the burns happened. She commented on what a good job the cleaners did and removed a few of her personal belongings that were still on the property. She left and never gave me her forwarding address. She did not return my calls. A few days after I sent her an accounting for her security deposit and three checks totaling the amount of her sec. dep return, she wrote me a nasty letter and demanded back rent, & her whole sec. deposit! I wrote her a certified letter with a timeline of our conversations and asked her to reconsider. She called me and we talked. She claimed she never gave me permission to get the house cleaned, even though she did. It seemed we had an understanding, but i notice she cashed two of the three checks i had sent her, and not the last one. My question is, because she hasn't cashed the last one, can she take me to small claims court over this? I don't know why she cashed two and not the third one, so I am just wondering if she still might take us to court. No one has served us with papers, but I want to be ready. thanks

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

Yes, she COULD sue. But WILL she? Probably not. But if she DOES, you appear to be on solid ground.

This woman sounds like she was overwhelmed when the husband left her. She seemed affected mentally because she made promies and agreed to things, then didn't remember. Poor woman, but NOT your fault.

You think you did her a favor with the cleaning crew, but you really didn't. Sounds like it would have been necessary anyway. Cleaning up the rental had to be done because she wasn't getting the job done herself, and you didn't need her permission to do it and use SD for that. That's a reasonable conclusion & deduction from SD.

Cashing the checks, though not a formal "accord & satisfaction" could always be treated like one. And it sounds like you were more than fair. I think you might be looking to fight a battle that is never going to happen. But, just be prepared with your documentation IF it does...

 

[Cvillecpm]

You don't do work at the property like cleaning until the tenant has LEFT and provided you the KEYS.

and....ALL GOOD DEEDS GO UNNOTICED....you were trying to accommodate her and she wants to zap you

H/W separation is immaterial; she could/did not clean and you did and cig burns are her responsibility

 

[phase08]

I wrote her a certified letter with a timeline of our conversations and asked her to reconsider. She called me and we talked.

You asked her to "reconsider"?! Reconsider what? Nothing to talk about.
She is full of it. You were too nice. If she wants to sue, let her sue. I don't think she will, and if she does I don't think she will prevail. Make sure you keep copy of that certified letter and return receipt. She can go pound salt. Read this next sentence twice: Do NOT get into any more discussion with her.