Every Landlord has the unfortunate reality of being sued by their Tenant. The most common lawsuit brought against them is for the return of the Security Deposit. While they may believe they should not have to give it back, they may be legally incorrect. Before responding to a Security Deposit Lawsuit, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
How a Landlord should respond to a Security Deposit Lawsuit
A Landlord’s immediate reaction to a Security Deposit Lawsuit can affect the outcome of the case. In other words, they may decide to respond to the Complaint without hiring an Attorney. This can have devastating effects. Most believe that because the Tenant damaged the property or did not pay rent, they should not have to return the deposit. While the emotion is justified, it does not translate to a legal defense and can land them in hot water. Therefore, it is recommended that a Landlord speak to an Attorney before responding.
When a Landlord contacts our office after being served with a Security Deposit Lawsuit, we ask the following questions:
- Did you have a written Lease with the Tenant?
- When did the lease end?
- Were you given a Security Deposit at the beginning of the lease?
- Did the Tenant leave before the lease ended?
- Did you put a claim on the Deposit within thirty (30) days after the Tenant Vacated
These questions allow an Attorney to help the Tenant understand the best approach before responding. If a Landlord simply failed to put a claim on the Deposit, we advise them to try and resolve the case. This will help them avoid any further Attorney Fees and Costs that could result if they try to fight it in Court.
How Should a Landlord Respond if they timely imposed a Claim on the Deposit?
While it is frustrating to be served with any lawsuit, if a Landlord properly imposed a claim, they can respond with confidence. In other words, if the case is based on the failure to put a claim on the deposit, a Landlord can move to dismiss it. In addition, if the Landlord is represented, they can likely recover their fees.
If a Tenant files a lawsuit to have the Court determine the entitlement to the deposit, the issue of notice will not be a factor. The Tenant is not suing over whether they received notice rather that they did not cause damage in the property. If that is the case, a Landlord should hire an Attorney within days after being served. An experienced Landlord Lawyer will be able to litigate the case and likely provide the Landlord the best chance of winning at Trial.
Before responding to a Security Deposit Lawsuit, a Landlord should consult the services of a Landlord Lawyer. If you have been served with a Security Lawsuit by your Former Tenant, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
