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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 118777
Experience:  Attorney with over 24 years experience.
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I have been served small claims action return of deposit

Customer Question

I have been served small claims action for full return of deposit from former tenant. I with held entire deposit with explanation within 21 day period. My tenant signed a one year lease with re agent breached lease in three months time. My costs due to her tenancy exceeded her security deposit. I want to file counter complaint. Am I entitled to three times my losses?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No, I am afraid that pursuant to breach of contract, you are entitled to actual damages. So you are entitled to all of your actual damages that the security deposit did not cover and you can sue for that amount. Unless your lease specified you could seek liquidated damages of 3 times the amount due for breach, you cannot seek 3 times the amount due I am afraid.