Tenant filed small claims suit for crazy list - suggestions please

[bradlm]

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

Very disruptive, and most belligerent tenant we've ever had caused problems every few weeks. Police onsite multiple times. Finally I said she could leave before her contract was up if she wanted to just to be done with it. She did.

She requested her deposit back which I insisted on mailing but she insisted on taking that day. Days later she filed a small claims suit for property management of almost $1000 (she did open the next door unit twice for prospective tenants), $50 cleaning fee of that next door unit which she did not do, damage to her property of $50, which I had nothing to do with, my other tenants use of her property for $150, which I know nothing about, and of course, her deposit.

Our contract does not allow sublease, and it stipulates she is responsible for damages. She did open the unit next door after chatting with me, but we didn't discuss exchange of money at that time (months ago), and I assumed it was a favor. $1000 is ridiculous for two showings.

She never returned her key and we never formally signed any sort of "exit agreement" which I know I should have now. All was verbal.

My question: should I return her deposit now anyway, or wait for the court to decide? SC law says 30 days, but she hasn't provided an address but I think I still need to send to her last known address. SECTION 27-40-410.

Also open to any suggestions as I prepare to defend myself and this this whole thing is crazy. Just want a court to agree so I want to respond and take the necessary steps.

Thank you.

 

[Mass_Shyster]

I would document everything as a counter-claim and let the court figure it out. Since she left early, you should look into adding the remaining lease as a counter-claim until you re-rent the space.

 

[atomizer]

Send an accounting of her deposit to her last known address, your rental unit by priority mail and delivery confirmation. If it finds its way back to you do not open it and bring it to court with you. Charge for all cleaning, damage, lost rent. That includes disposal of any large items that may require extra fees by waste disposal company or extra trips by said co.

 

[bradlm]

Both are good suggestions - thank you. I will file the counter-suit.

One caveat I failed to mention - I requested the recent police report, which logged "tenant advised she does not want to move out before her contract is up because she does not want to lose her deposit. Owner did advise that if she would move out before her contract is up he will return her deposit"

I was very frustrated at the moment and just wanted her out, having not dealt with a situation like this before. I actually meant I'd release her from the agreement and return the deposit less any repairs/maintenance/etc. Does this bind me to giving her the WHOLE deposit? Or as stated in SC law and general law... just the unused portion? The contract in writing says less repairs as well.

Sorry for leaving that out.

If this is bad for me, I don't mind returning the whole deposit, not filing for future rental loss of income, but just want out of the other "junk fees" she added.

Thanks again.

 

[atomizer]

You are not bound to accept damages due to repairs and cleaning., but you screwed up by having a police report that confirms a side agreement to let her out of the lease.

 

[applecruncher]

I actually meant I'd release her from the agreement and return the deposit less any repairs/maintenance/etc.

Then this is what you should have told the police. Frustration is not an excuse.

I don't think she will get money for opening the door two times for a prospecting tenant or for cleaning units when she didn't do it, but she will most likely get her entire deposit back.

Not a good idea to ask tensnts to assist with showing apartments.

 

[atomizer]

Don't forget to include the price of new locks and installation fees if you had someone perform the task.

 

[Searchertwin]

Did you have a contract or anything in writing that states she was to show and clean units?
If not, let her sue.
BUT, if she did do the cleaning, than own up to it. As for as the showing of the unit, if she never brought the matter up of being paid, nor did you, than it would be consider, imo, a favor just as you thought.