Security deposit. Did I do the right thing?

[Ryan Keenan]

Hello BP, I had a problem tenant who always paid late and whom I had to evict. In the lease it says she is responsible for any lawyer fees in the case I have to sue or evict her. I did take out the 550.00 to evict her and mailed 5he balance to her. She called me screaming how she is going to take me to small claims cout and how I cannot do this. I'm struggling with the thought of should I have just given here back the money and got her out of my life for good? Now I have to deal with this, more time off from work and just more mental pain. I did not put her security deposit in a account however I did give her alittle more interest then the bank at .04%. Will this hurt me if I have to go to court? Please give me any advice! Thanks!

[Nathan Gesner]

@Ryan Keenan I would ignore her. People who are poor or make poor life decisions will threaten to sue you but never follow through.

If she does sue, you will receive a Summons with a court date. At that point, you could contact her (in writing) and try to reason with her and terminate the hearing. For example, you could explain that the lease gives you the authority to retain court costs and attorney fees but that you are willing to split the difference just to avoid court.

My personal practice is to defend myself if my position can be defended in writing. If I were in this situation, I would accept it as an empty threat and keep the money the lease agreement authorizes me to keep. I would also stop communicating with her, period.