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Tenant suing for security deposit after giving less than 2weeks moving out notice

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BlairLCO

Junior Member
What is the name of your state (only U.S. law)? Rhode Island

Hi
My former tenant has sued me in small claims court (In Providence, Rhode island) for her security deposit which i believe she is not entitled to for the following reasons:
1.Tenant did not give proper notice :
a.No written notice, no forwarding address
b.barely 1 weeks notice on September 20th over the phone

2.Tenant did not vacate apartment until Tuesday October 6th - one week after she should have vacated. She should have been out by end of month Wed 30th.
a.She did not even start packing till Friday Oct 2nd.
b.People coming to view the apartment that week in the understanding that the apartment would be available 1st week of October weren't even sure she was moving. This made prospective tenants reluctant to take the apartment.

3.Tenant did not pay 1 month rent for late (essentially no notice)
4.Tenant did not pay 1 month rent for occupying apartment beyond termination of tenancy.

What are my rights and do these fact as laid out offer enough information for a counter claim?

Is there anything else I need to provide.

Thank you for your help.

Blair, LCOWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


BL

Senior Member
Was there physical Damages .

Did you rent it out in Oct .?

Prorate the rent ?

You add up / prorate any damages and get your counter-suit in before the court date required by court rules .

Check with the clerk of the court .

When you go to court provide proofs and facts .
 

ecmst12

Senior Member
Did you send her a written letter within the required time frame explaining what was done with her deposit? What damages you had to repair and/or what rent she still owed?

She owes for all of October's rent. I assume she did not pay anything on October first. If the deposit was more then one month's rent, and she did not cause any damage to the apartment, you do NOT have the right to keep any more then one month's rent.

And of course, if another tenant moved in before the end of October, you can't charge the old tenant a PENNY from that date forward. No double dipping!
 
Last edited:

BlairLCO

Junior Member
Thanks for all the replies.

The terms was a month-to-month -holdover from a the original 1 year lease tenant had signed 18 months prior.

The tenant made no payment for the month of October.

We did not rent out the apartment in October. I ended up moving into the apartment my self the beginning of November.

I had not sent the tenant a written note about the security deposit why we would be withholding it. However she filled her suit on October 22nd. After that we figured everything would be handled in court.

Thanks again.
 

ecmst12

Senior Member
If you don't have a forwarding address, you send it to the last known address. If tenant has forwarded his mail, he will get it. If not, not landlord's fault.
 

Just Blue

Senior Member
Okay, nevermind when she packed: the big question is "Did she break the terms of a lease that was signed by you and her?" If there was no lease or contract, then she could not have broken the terms of it. So the next question is "is this a month-to-month tenancy?" It is, then the terms of it, absent a lease, are subject to laws of your state regarding landlord and tenant laws. Generally one must give at least a 30 day notice before they intend to vacate the premises. If the tenant gives such proper notice in writing, then the tenant must vacate the premises by the date promised on the notice to vacate. If the tenant stays on the premises beyond that date, then the tenant becomes a holdover tenant, who may be charged up to three times the amount of rent that would normally be charged for that dwelling (CAUTION: check your state laws – they may differ). Generally the landlord is entitled to the amount of rent prorated according to the number of days the tenant stayed. However, absent a lease, check your states laws regarding this. Verbal notices to vacate are generally not sufficient. But then again, check with your state. If your argument is on the basis of such a verbal notice, your tenants can argue that she gave you such adequate notice or that she didn't stay on the property beyond the date promised.
What exactly is your expertise in RI..CA.or any of the other states you have posted in today? :confused:

If you have knowledge in law for these states, please provide that knowledge.
 

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