"treble damages"

[Phil Kurumunda]

Hello everyone. I recently had a tennant that was very un cooperative. Our first mistake was being too flexible and accomodating to this guy. When he finally did leave,he left in a hurry without a walkthrough. we  found lots of items left behind not to mention 2 weeks unpaid rent and garbage piled high in the garage.  Not surprisingly, the tennant demanded his security back asap, to which I denied , stating that the lease clearly states the condition of the house must be broom cleaned, with no major damages.  We quoted him the cleaning and prorated rent and stated we would wait until that is paid or we will take it out from the security. There were also modifications he made to the house without our consent, and some damages he stated were pre exisiting, which is not the case since he was a stickler for perfection and did a thorough walk through. He stated that he could sue us for treble if we dont pay his security in full. Is this true? Wouldnt the landlord have the right to hold on to the security until all conditions outlined in the lease is met? Was this an empty threat?

It was disheartening and exhausting to deal with this person.  He constanly was late paying his rent until we stuck to the late fees, he always had some sob story or another. We allowed him to put a dish on the roof, which he never removed.  He installed some wall track mount everywhere, which we did not charge  for dry wall repairs. We were flexible, and this guy threatened us with a lawsuit..  does he have a leg to stand on with this treble charge?

[William Hochstedler]

A few things:

• Photo/Video document every move-in/move-out
• Document the move-out date
• Hold any personal property according to your state law before disposing of it
• Perform all repairs quickly (not just estimates), deduct back rents, late fees, and repairs, cleaning, personal property storage, garbage removal, etc. and return the balance of the security deposit (if any) within your state's statutory period
• The property not being broom clean is not a reason to withhold a SD balance -- the reason is that you have a statutory period in which to return it.  For us, it's 30 days.  Ask for the address that he would like the check sent to, tell him you have 30 days (or however long your state requires) and focus on what you have to do to re-rent the place.
• Did the tenant break the lease?  In other words, did you get 30 days notice?  When was the move-out?

We get a threat of a lawsuit monthly and have never been sued.  Tenants are frustrated by other life events which is why this one's been slow to pay.  They blame everyone else for their problems.  Security Deposits are the biggest point of contention because clearly they need the money.  As life moves on, the frustration subsides and they find someone else to blame for their situation.  Moreover, the amount of money in question rarely justifies legal action.  Your tenant is a particular specimen because he's threatening a suit before even seeing the amount!

Do your job and let 'em sue.