Tenant Breached Lease, Suing for Deposit

[Dave Meyer]

I have a tenant who recently moved out. They left the property filthy and with tons of broken stuff. Deposit was $2800, and I sent a check and letter to them for $1880 after they moved out. I never heard back, and I forgot to follow up with them. On day 46 (lease says deposit must be returned in 45 days) they reached out and said I owe them the entirety of their deposit. I said no, I sent you a check already, they are threatening to take me to court. 

I did not sent the letter certified and forgot to follow up, which are clearly mistakes on my part. They claim they never received a letter, I know I sent it. I can go into a he-said, she-said argument in small claims over that. If I lose, so be it, but I paid $920 on their behalf and I don't believe I should be responsible for it. Not gonna break the bank, but I think this is as clear as day -- they are responsible for that $920.

However, more importantly, only two tenants (of four), were ever on the lease, and only one of the four tenants ever signed the lease.  And all four of them are threatening to sue. The one who was on the lease moved out of state, so if she doesn't show up to court, can the other tenant really sue me? 

Secondly, I have documented violations of the lease prior to them moving out. They had two people living their without my written approval (which is required per the lease). I let it happen in the spirit of a good relationship, but they they are trying to claim lease technicalities with me, when they've clearly violated the lease multiple times. 

So my question is -- do you think I can have this throw out because a) the person at court will likely not have signed the lease, b) the tenants violated the lease multiple times? 

Lastly, if I somehow lose in small claims, can I counter-sue over the lease violations not pertaining to the deposit? 

I am not asking for anything outrageous. I even did the labor to fix their broken stuff for free. I am just asking them to pay for the materials and expenses I paid out of pocket to cover their failures to live up to the lease. 

[John Underwood]

@Dave Meyer 

Did they cash your check? If they did then they got the letter.

I think most tenants that are threatening to sue do not follow through, not saying your may follow through or not.

I would call their bluff and see what happens.

If you have documentation and photos of the damage you should be fine.

You can always consult with an attorney.