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Updated almost 6 years ago,
going to small claims court soon
After the tenant moved out I discovered a large dent in the metal cover of the stand by generator, really more than a dent, it was crushed. So I kept the amount for a new lid out of her security. She was adamant that the damage had been done by icicles and got a lawyer so here we are. She never presented anything other than her word that it was icicles, nor did she notify me when the damage occurred.
I don't believe her for reasons related to the kind of person she is and due to the appearance of the dent I don't believe an icicle could do that kind of damage. But really this is her word against mine. If you were to guess, how do you think a judge would view this?
I wasn't under the impression that I had to take a tenant at their word on this but her attorney seems super confident and is suing for double the security plus attorney fees, which has a burden of proof on them to prove "willfulness" in retaining the deposit. I can't possibly imagine how they could prevail on that, but I am quite frankly just flying by the seat of my pants at this point.
I have all my documentation proving the dent and the cost. Anyone have any thoughts?