Tentant is disputing Claim against tentant security deposit

[Julie Ann]

Tentant was late on rent (last month of lease) sent a 3 day notice to pay rent or vacate. I received a letter from her during that time (she moved out 8 days before the end of lease)  with the house keys, garage opener, and receipt from the steam cleaner and a fifty dollar check that she advised I should use that w/ her security deposit as the deposit wasn’t the full amount of rent.  She advise she could not make the payment. 

I did a walk through the day after recieveing the letter and   Notice a musty mold smell, rust & soap scum in both showers, a few scuff marks on the walls, dirty kids hand prints on the lower corner  end of one wall, broken towel bar, one broken blind and fleas. 

I did require a pet deposit of $300. The pest control company I used only charged me $130 w/ a warranty. 

As the tentant and I corresponded back and forth after I advised w/ an invoice of the issues including having to retouch the paint do to a few  scuff marks I was putting a claim against her deposit ($1100.00) She advised I should use the remaining $220 from the from the P.Deposit to replace the single blind and towel bar as the hardware was already in place. 

My last letter I threanted to send her to collections and take her to small claims court. I also advised if we had to go to court I would sue her for a month of lost income due to having to spray for fleas. 

To be fair... her move-in  checklist does show soap scum/rust, mismatch paint, dirty baseboards, mold smell. 

Question: Would I have a good shot of winning this case if I take her to small claims for $1100.00

Thank you in advance! 

[Nathan Gesner]

Let me share a couple observations based on what you've provided.

1. You shouldn't have a "back-and-forth" conversation with the tenant. Inspect, charge, and send a final statement in accordance with the law. It sounds like you've gotten emotional over this and have lost all sense of reason.

2. The tenant attempted to do the right thing. She couldn't afford the unit so she moved out, paid to have the carpets cleaned, and gave you enough to cover the rent for that month. When the tenant tries to do the right thing, you should take that into consideration.

3. Her move-in checklist identified "soap scum/rust, mismatch paint, dirty baseboards, mold smell." The tenant was kind enough to overlook these things. Why are you holding the tenant to a higher standard than you hold yourself?

4. A "few scuff marks" would be considered ordinary wear-and-tear. The towel bar and blind can be replaced for under $100 and the handprints could be cleaned with a couple minutes of your time and some warm, soapy water. What are you getting so wound up about? Where's your loss? Where's the evidence this tenant did you wrong?

5. You told her to get out and she complied. In fact, she moved out eight days before the lease terminated and she ensured rent was paid for that entire month. Legally, she is the rightful occupant of the rental until the end of the month but she handed it over to you early. This gave you an entire week to treat for fleas and get it ready for the next tenant. How do you justify charging her for a month of vacancy?

You gave the tenant notice and she complied. She cleaned the place and missed a couple things. The deposit was sufficient for covering the unpaid rent, the flea treatment, and the minor issues she was responsible for. Despite her trying to do all the right things, you're still threatening to sue her?

I think you're being completely unreasonable and your complaints are unjustified. You admittedly hand the tenant a less-than-perfect rental and then hold her to a higher standard. Everything I've read here says the tenant is trying to do the right thing and you are being vindictive.