Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 6 years ago,

User Stats

10
Posts
2
Votes
Jacob Mendrin
  • Phoenix, AZ
2
Votes |
10
Posts

Being sued for keeping security deposit.

Jacob Mendrin
  • Phoenix, AZ
Posted

Hello all, apologies if this question has been asked before but after searching through the forums for a while I found nothing to match my particular situation. 

We have recently sold our rental home to the renters. The day of closing, my agent calls me and explains to me that the buyers were asking for me to forgive their rent for the month so they could afford to close that day with their available funds. My response was I was fine with it only if I am not going to be held liable for any more money out of the deal. 

Long story short, we received our final statement from the escrow company and found that they deducted around $1,100 dollars from our profits. After seeing this, we opted to keep this amount from the renter's security deposit and returned the rest. After informing them of the reason, they are now threatening to sue us. So my questions are:

1) Do they have a case? The only thing they have going for them is the agent telling them they wouldn't have to pay rent. But nothing was ever mentioned about the security deposit. 

2) I live out of state (in Arizona), I would have to miss a few work days, pay for a plane ticket, hotel room and rental car just to defend myself in court. How are these situations normally handled? 

This feels like a complete scam, the agent I feel was working with the buyers to screw us out of the 22 days they owed for rent. Has anybody had any experiences like this? How did you handle it? Is it worth the fight? Normally I just give in to situations like this but this time it feels different. Appreciate any comments and feedback. Thanks!

Loading replies...