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Updated over 1 year ago on . Most recent reply

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Patricia Andriolo-Bull
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Summons for returning partial security deposit

Posted

Hello.  Looking for some guidance.  I have spoken with an attorney briefly but would like some thoughts from others.

Context:

I had a 9 month tenant, upper scale property and tenant, $19K security deposit.

Tenant vacated 4/29/23 (actually left 4/30/23 due to their circumstances)

The property was offered fully furnished.  They substantially damaged many items (destroyed outdoor sectional, left $700 vacuum OUTSIDE in the rain, destroyed marble countertops, scratched wood floors, and various other items including leaving various personal items randomly throughout the home (including sex toys) that I had to dispose of.

Fully documented items using an Excel spreadsheet.  Identified costs of replacement.  In some cases discounted significantly due to the fact that they weren’t “new” to begin with.

All said and done, I with held a bit more than $6K and returned the rest at 30 days (per state requirements and lease).  

Within one week I received an 8 page summons (via state Marshall no less), suing me for excess of $15K (not explanation) not inclusive of interest and legal fees!  

The property is in CT, a very tenant friendly state, which does allow them to go after twice the security deposit + fees but not sure how they came up with their number.

I have documented everything with photographs.  I took photos the day I turned the property over as well.  

My lawyer suggests settling.  I can’t imagine doing this given all of the documentation I have provided.  I also find it insulting to give them a cent more than what they gave me in security.  

Anyone have success litigating this?  Should I settle? Trying to take emotion out of this but this is ludicrous!

Most Popular Reply

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Chris Seveney
Lender
Pro Member
  • Investor
  • Virginia
15,273
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17,720
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Chris Seveney
Lender
Pro Member
  • Investor
  • Virginia
ModeratorReplied

@Patricia Andriolo-Bull

Your attorney is probably correct as you most likely will spend more than $6k to defend the claim

If I were you though I would thoroughly read through their claims and start putting together a response.

The other thing to consider is for the money you withheld, did you actually perform the repairs and keep invoices or was it what you thought the cost was? If the latter then I would definitely try and settle.

  • Chris Seveney
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