Tenant Broke Lease for Pest Issue

[Rachel Solly]

I rent out my condominium. My tenant notified me she saw a cockroach and I called the building manager the following morning. The building sprayed that day, but she was not satisfied.  She found two dead bugs the following day, and one live bug the day after that.  On the fourth day, I notified the building there was still an issue. They had Terminix treat the unit immediately.  I have now received a letter from her attorney. She's vacated the premises and wants her security deposit back.  

Given that I did my due diligence and did not receive a complaint after the second treatment, I do not believe I am the party at fault.  However, I am not sure how to proceed.  I do not want to sue for the remainder of the rent, but I believe I should be able to keep her security deposit.

Are there any suggestions?

[Jessica Zolotorofe]

Not even sure she has the right to terminate for seeing one bug. That doesn't render the unit uninhabitable. Depends on the wording of the lease, but maybe her lack of cleanliness caused the pests. Were there other complaints in the building? You remediated immediately upon notice. It may take a few days for treatment to fully take effect. Seeing dead bugs is a sign that it IS working. Not legal advice, but I would personally write a letter back saying she is not entitled to a refund, she is in default and you will not be returning the deposit and reserve all of your rights in connection with her breach and then just don't send it back. Lawyer may just be a friend or family member trying to scare you, but to spend the money to actually sue you when it's a shaky case at best, I doubt she'll take it there.