Should I just pay off a renter and call it a stupid tax?

Question

I had a renter cause damage. I deducted $250 from her deposit.  (room in my house)

I have statement from the plumber she caused the leak, pictures, and receipt from contractor for mold mitigation.  The leak went through the floor, ceiling and onto the basement floor.  Thankfully I didn't need to replace the floor or ceiling.

She is threatening to sue, wants contact info of the plumber and receipts. (to harass my plumber/contractor) (The plumber left me hanging a few years ago so he fixed the problem for free, she has NO need for his contact info)

I sent her pictures of the damage and offered her the $50 cleaning fee back.

I do not want to engage further. She is just going to keep going and lying and coming up with excuses why she didn't cause the damage, such as mold is Landlord responsibility or soaked ceiling boards are normal wear and tear.

She also owes me Sept rent but chose to move out early which thankfully she got out as usually that can be a huge battle.

I also paid her $425 which she had worked off for Sept rent.  Her mother was harrassing me.

Most people are reasonable and take responsibility for damages they caused but I am not working with a reasonable person.  Her medicaid and SNAP applications have come to my house and she lost her job and multiple lease violations in the few 5 mo she was here..

Should I just cut my losses.

I have done everything within legal bounds correctly and have all the evidence to defend the deductions.

Theresa Harris · Answer

I 100% agree with Nathan.  Tell her you've answered her questions and also didn't charge her outstanding rent for her breaking the lease and moving out early. Then block her calls. If her mom calls (assuming she wasn't on the lease), tell her she wasn't on the lease and you are not talking to her...then hang up and also block her calls.  If they call from another number, tell them you've given them the information and you're sorry if they aren't happy with the answer, but they are being billed for damages they caused and then hang up.

Nathan Gesner · Answer

This is a common mistake. You followed the lease and the law, and you've treated the tenant fairly.

Give them the final statement and shut off all communication. You are under no obligation to argue back and forth, answer questions, provide phone numbers, send pictures, or any of this nonsense. She is trying to mentally wear you down so you will pay her to go away.

Tenants threaten to sue all the time. Get used to it. She will not waste money and time to file a Small Claims Suit over a $200 charge when she knows you have evidence to back up your charges.

Cut off communication immediately. Block her phone number and email. If she sends a letter, file it away without responding.

Henry T. · Answer

Congratulations that she's gone. She is entitled to a copy of any receipts/charges that you used for deduction. Other than that,  stop talking to her. It's small potatoes. If she wants to play in small claims court and waste everyone's time you can't stop her. Keep it simple and keep your documents ready. If she does file against you, file a  counterclaim for the REAL cost of the damage and FULL replacement and restoration. Get a couple estimates materials and labor. This may give her pause. Or.......give her everything she asks for and she might go away. But she'll do it again at the next place.

Nathan Gesner · Answer

Yes, I often mention that you can wait until you are served and then decide to negotiate a settlement with the tenant or defend yourself in court. I didn't say it this time because I don't believe she'll go through the trouble over $200.

Mackensie Matze · Answer

Thank you so much for these responses.  I'm not a big Landlord and have debated paying her off to get rid of her.  I am not sure she is going to leave me alone.

Would you pay a lawyer to write a letter to leave you alone or just do as you say and if she does file a small claims just deal with it then?   They have prepaid legal services 70/mo but I am not planning on renting anymore. (I did rent 2 rooms in my house for 7 years so am familiar with laws).

I keep telling myself I'm having anxiety over something that hasn't happened and likely won't happen.  And I guess "waiting" for her to serve me.  For me the issue is closed but she's keeping it open until I pay her every cent.

Also @Nathan Gesner I saw you have written before that if they do serve you, you can always offer to pay them off then to save you time/money of going to court.  She can file for free likely but not sure she is smart enough to figure that out.

I also did block her and stupidly read my spam which I am not going to do anymore as it just causes me stress.

Thank you @Theresa Harris.  I've read a lot on here and you have to be tough!  She has sent 3 demanding emails in the past 6 weeks threatening "further action."  I responded to the last one with pictures stating Sept rent was still owed and the damages were caused by her.  I am going to clear spam and not read anything as it's just harassment at this point.

Tim Baldwin · Answer

I think only you can answer your question. The money involved is not a lot. Even if the tenant owes the money, dealing with these kinds of tenants can be exhausting, which is likely why the tenant is acting this way: she wants to wear you down. You may want to contact an attorney in your area if you want to push back. Up to you.

Charles Carillo · Answer

@Mackensie Matze

She is not going to sue for $250. The real question is if you want to deal with the hassle. I would have the plumber create an invoice and send it to her. You have her money already. Or you can make a deal and tell her you will split it with her, or you can give her the $250 fully back.

Should I just pay off a renter and call it a stupid tax?

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