Should I sue for back rent?

[Sharon Steenbergen]

Hi everyone!

Just wanted some opinions on my current situation. I have a multi -unit home just outside of Boston ( SUPER TENANT FRIENDLY STATE). I live pretty close to the home and thought hey, I can handle this house, its in the next city over. WRONG !!!!! 

Long story short, I rented out one of the Units back in June, and I had nightmare tenants from the start. They paid late the second month, made every excuse in the book. Paid late again the third month, I had to serve a Notice to QUIT both months. Now, in September they didn't pay at all! I literally could not deal with them and ending up hiring Property Management. They reserved another notice to quit, and they vacated on their own. Thankfully. The girl had a wicked attitude and demanded her security deposit back. Which obviously I have to return because it can only be used for damages.

Anyway, its obvious I got stuck with what they call "professional tenants". I'm tired of people getting away with not paying and the landlord having to eat the cost. Property management advised me that its not worth going to court over. Its not the lost rent that irritates me, it is the principle, that they do this to other land lords and ultimately get away with it. Should I sue them in small claims court, or is it really not worth pursuing? Thoughts?

[Kyle J.]

Why do you say “obviously” you have to return the tenant’s security deposit because “it can only be used for damages”?  Security deposits can be used towards unpaid rent, and that’s what you should be using this tenant’s security deposit for. Don’t let this professional tenant bully you into returning it if they legitimately owe you money for rent.