Frivolous?

[Dabiggaguy]

What is the name of your state (only U.S. law)? NY

I evicted a tenant for non-payment of rent last August. Won the eviction in court and was awarded a judgment of $1500. She had a security deposit of $1000. I deducted damages (holes in wall, painting, missing blinds/curtains, cleaning - pretty much normal when you resort to evicting) and legal fees for the eviction. That used all of the security deposit. I formulated the security deposit resolution letter and sent to to her last known address - the apartment I had, as she left no forwarding address.

Since then I haven't bother with trying to collect as the former tenant is only on disability and government money. I'd never be able to collect anything anyway, so why bother throwing good money and effort after bad. I did register the judgment, though.

Today I received certified mail that she is suing me for her $1000 security deposit in small claims court. Ummm... she owes me more than that in just the judgment. What to do (besides go to court, obviously). It is quite frivolous....

 

[Handcoc]

Go to court .. sounds like a slam dunk for u.

 

[sandyclaus]

What is the name of your state (only U.S. law)? NY

I evicted a tenant for non-payment of rent last August. Won the eviction in court and was awarded a judgment of $1500. She had a security deposit of $1000. I deducted damages (holes in wall, painting, missing blinds/curtains, cleaning - pretty much normal when you resort to evicting) and legal fees for the eviction. That used all of the security deposit. I formulated the security deposit resolution letter and sent to to her last known address - the apartment I had, as she left no forwarding address.

Since then I haven't bother with trying to collect as the former tenant is only on disability and government money. I'd never be able to collect anything anyway, so why bother throwing good money and effort after bad. I did register the judgment, though.

Today I received certified mail that she is suing me for her $1000 security deposit in small claims court. Ummm... she owes me more than that in just the judgment. What to do (besides go to court, obviously). It is quite frivolous....

Just appear in court, bring with you a record of the judgment awarded, along with the unopened letter you sent them notifying them of the application of the security deposit monies against the judgment. New York law does not have a specified timeframe for the return of security deposits, so there never was a time limit for you to have given them an accounting of how it was used.

You might also ask for a current address for them (if you have not already obtained one) so that you can pursue the $500 unpaid balance for that judgment if/when you choose to do so.

 

[Gail in Georgia]

This is not the same story you posted at Welcome to MR LANDLORD for free rental forms, management software, real estate books and landlord advice to better manage and lease rental property..

In that posting you indicate you never mailed any documentation.

Gail