Security deposit issue

[Pat Lione]

I recently had a tenant move out. I did not return his security deposit due to the fact that he damaged my Porsche that was in the garage. Long story short. I rented a couple of rooms in my house to a proffesional with a doctorate degree. Part of the deal is he had use of w/d that was in my garage. This guy was using the laundry one night and decided that it was a good idea to move both my bicycles and lean them up against my car. He did this rather forcefully because he left deep gouges in the car. When I asked him why he told me he didn't think I was using it so it was ok I got an estimate for $2700 to fix the damages. His security is $1800. Upon moving out i asked for the the difference after left over utilities and cleaning. In the lease it specifically states "Tenant is responsible for all repairs due to his negligence" Is the garage considered common area since that is where the laundry is? This guy had a lawyer contact me telling me it was unlawful for me to hold his security due to motor vehicle damage. I figured he was just trying to scare me into writing a check. Yesterday I recieve notice that he (tenant) is suing me for double the security $3600 because i held it for more than 30 days. This guy now denies this ever happened. He really has some balls.

[Michael Rossi]

You need to KNOW and follow the law in your state concerning security deposits. I'm not sure what you mean that you received notice, does that mean that you received a summons or other legal document, or did you just receive a letter from the lawyer?

In either case, you need an experienced real estate attorney to represent you and let you know what the law is in your area and how to proceed. My concern is that in many states, you must provide a letter to the tenant within 30 days explaining what you did with the security deposit if you didn't return it. Failing to follow the law can result in double or triple damages, which sounds like what may be occurring here. I would suggest talking to a lawyer TOMORROW!

Good Luck,

Mike