Problem with tenant that is going to sue.

[Kathryn Morrow]

I have a tenant that has trumped up all kinds of complaints and did not pay rent for the last month and has moved. She is demanding her security back and has gotten a lawyer. We had hurricane IDA and I had some roof damage. The tenant worked for a roofing company and I was going to use, but have had issues with insurance company. In the mean time 'her company flaked out of state. She states she KNOWS there is issues in the ceiling even though there is no leaks and the ceiling may fall. Also she got a splinter in her foot from wood floor, after two weeks of problems with A/c she let me know. She states that it was 80 degrees in house and had to sleep in a motel because it was so hot. As soon as she told me, it was fixed the next day. Complains the water pressure isn't good (it's a 100 year old house) and not enough how water. I replaced the 30 gal tank with a 40 gal and she says it still is not enough hot water. I was had lots of other tenant there and NO ONE has complained before of these issues. I was going to evict, but they moved - so....problem solved? I know I don't' have to give back the security because of rent default or at least itemize days and late fees  and  damage to deduct. 

My concern is her suing me. I don't think she has a leg to stand on. Can someone help inform me on ways to protect my property if she sues? I don't have it in a LLC. I was living there until a couple of months ago. I plan on selling it this year. THANKS. this really has me unnerved.

[Nathan Gesner]

Quote from @Kathryn Morrow:

I have a tenant that has trumped up all kinds of complaints and did not pay rent for the last month and has moved. She is demanding her security back and has gotten a lawyer. We had hurricane IDA and I had some roof damage. The tenant worked for a roofing company and I was going to use, but have had issues with insurance company. In the mean time 'her company flaked out of state. She states she KNOWS there is issues in the ceiling even though there is no leaks and the ceiling may fall. Also she got a splinter in her foot from wood floor, after two weeks of problems with A/c she let me know. She states that it was 80 degrees in house and had to sleep in a motel because it was so hot. As soon as she told me, it was fixed the next day. Complains the water pressure isn't good (it's a 100 year old house) and not enough how water. I replaced the 30 gal tank with a 40 gal and she says it still is not enough hot water. I was had lots of other tenant there and NO ONE has complained before of these issues. I was going to evict, but they moved - so....problem solved? I know I don't' have to give back the security because of rent default or at least itemize days and late fees  and  damage to deduct. 

My concern is her suing me. I don't think she has a leg to stand on. Can someone help inform me on ways to protect my property if she sues? I don't have it in a LLC. I was living there until a couple of months ago. I plan on selling it this year. THANKS. this really has me unnerved.

If I had a dollar for every time a tenant threatened to sue me, I would not need to invest in real estate. When a tenant threatens to sue, I give them the name and address of my attorney and then end all communication with them. There is a 99% chance they will disappear.

 Document everything. Make sure you've complied with the lease and the law. Prepare to defend yourself, but leave the ball in her court.