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Landlord told me in a letter to keep the money he claims I owed. Can he come after me for it?
The landlord I had wrote me a letter stating I owed hundreds of dollars more than the security deposit. In that same letter he wrote that he isn't out to collect the money and to spend it on my family. I wrote back detailing why we believe he actually owes me a specific amount of my security deposit back. He then wrote back stating he can no longer ignore what I "owe" Can someone write that he isn't out to collect the money and then come to collect it? Will a judge honor that? I am going to counter sue because we did no damage except some scratches on the outside of a door and a ceiling fan chain of which we offered to pay.
I am going to counter sue because he owes us most of our security deposit back.
We don't owe what he says we do. He is charging us for plumbing that broke AFTER we moved out. He is charging us for insulation that he claims we lost yet we have pictures of it rotting in the moldy crawl space where he left it. He claims we continually paid rent late yet we did bill pay where our bank sent money to him each month. He is charging us for a broken window that broke from the wind. He fixed it and did not charge us for months until after we moved out.
6 Answers
- Genuine GuidanceLv 71 decade agoFavorite Answer
Yes, he can come back after you in small claims.
He will have to prove the damages you did though and that he has a right to the security deposit. If he can prove damages beyond the security deposit, you may end up losing. Might have been better to let things be when you had the chance. Then again, you might get the amount you think he should give back.
- JoeyVLv 71 decade ago
He didn't give up his right to collect by telling you he doesn't intend on collecting.
I don't see what you are going to counter sue for. If he claims that you owe him $1000 because you did [blah] damage, saying that you didn't do that much damage isn't a countersuit; it's a defense that you will need to supply evidence for (since he will have evidence that you did more damage).
I think your landlord is probably reasonable and his previous letter lets you write him back, tell him that since he told you he wasn't going to collect you spent the money in some other way and will he settle for ______. Neither of you should want to fight about this in court.
- R PLv 71 decade ago
You damaged his property. Of course he has the right to sue you for what you owe over and above the amount of the security deposit.
- SlickterpLv 71 decade ago
Of course. You owe the money. He tried to be nice, you tried to nitpick and get money back, and he changed his mind. Tough luck for you.
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