Security Deposit…worth going to court??

[Sara M.]

I had tenant recently move out who owed me over her security deposit. One thing she refuses to pay for is the fence panels that her son and his friends broke. The neighboring tenants (it’s a duplex) and myself were outside while her son and his friends ran around the outside of the fence and kicked it. I didn’t call the police that day because I texted her and thought we had an understanding she would pay for the damages. Time comes for her to pay and she refuses because it wasn’t her son. In her lease  there is a section about guests. It states you are responsible for all damage and costs done by guests. She says because it wasn’t the fence on her side it doesn’t count.  I feel like I have a pretty concrete case when it comes to this situation but is it worth the hassle of getting a lawyer? The fence panels would costs about $202 to replace. Thoughts?

[Todd Jones]

You want to do it for the principle. It’s in the lease. They kicked the fence. I get it.

So let’s play this out. 

You have a court date set which will be sometime in September, probably later. You go to court. Park your car in the garage and get a ticket. You go up the elevator and get checked in where you empty your pockets for the metal detector.

You then sit and wait…and wait…as other cases come up. Your name is called. You both talk, and you in. You then expect to get you settlement…someday. You drive out paying $10 for parking.

You paid the filing fee, parking, fuel, and your time but it’s not about the money, it’s the principle. But you won’t feel like a winner later that day.

Want a better return on investment? Use this as a lesson learned on dealing with this issue in the future where you can guarantee they pay, which is worth much more. If another landlord calls you about her, you can tell the story.