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A former tenant of mine is taking me to small claims court

Customer Question
in June. Her...
a former tenant of mine is taking me to small claims court in June. Her $1000 seciurity deposit was used by to deduct from the total deposit.. There were more damages than
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: I just received today from our sheriff the file she used in Small Claims Court.. Her & I did a lot of texting back & forth for about 30 days She printed out all texts & submitted them in the lawsuit.. I did not give her permission to send them to the small claims courtt..Legal question. Did she break any laws, by using our texts without asking my permission ...She left the place a mess.. Also, I gave her 2 sets of 3 keys each when she rented from me 2 yrs ago.. She only gave me one key back out of 6 keys I am going to have to buy 2 bolt locks + 2 doorknobs Then install them. She is suing me for $2225. $1300 for harassment. Thx Frank D
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes! I am a self employed landlord. If I lose this case, the tenant will get a judgement against me. I will tell the tenant, I am not going to settle with her. What are the tenants legal options 2 try 2 force me to pay her? Also, i was diagnosed with early stage dementia. I have a written letter from a local loss of memory doctor It was written last july 2016. Can I use that in court lawfully?
Submitted: 6 months ago.Category: Legal
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Answered in 11 minutes by:
5/10/2017
Lawyer: Barrister, Attorney replied 6 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38,702
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses, but rest assured, I am working on your question. The website may offer a phone call option, but it is optional.

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.Legal question. Did she break any laws, by using our texts without asking my permission ...

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No, legally there is no duty of confidentiality between the two of you.

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What are the tenants legal options 2 try 2 force me to pay her?

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She can lien real estate and then foreclose on it and force a sale if there is equity. She could also levy non retirement bank accounts or financial accounts to try to collect and even potentially have the sheriff seize and sell personal property that is not exempt like vehicles, boats, RVs. motorcycles, etc.

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I have a written letter from a local loss of memory doctor It was written last july 2016. Can I use that in court lawfully?

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That is not going to be a defense if you have unlawfully retained a security deposit unless you have been declared legally incompetent by a probate court judge and had a legal guardian appointed. But then your guardian would have been the one with the legal duty to handle any landlord affairs at that point.

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But if she owes you more than the deposit covered, you can file an Answer and counterclaim against her for any additional money she owes you for damages. That may encourage a settlement.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

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thanks

Barrister

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Customer reply replied 6 months ago
Barrister, thx for your comments.. The security deposit was $1000 .. She is suing me for $2250., including $1300 for harassment.. This pisses me off! What are the chances that a judge would allow $1300 for harassment? I have not harassed her. Also, do live in the state of Florida?
Lawyer: Barrister, Attorney replied 6 months ago

Tenants always try to sue for way more than their actual damages are. They try to get "pain and suffering" and "emotional distress" and all those other made up damages.. But judges rarely award anything other than actual provable damages.

.

Unfortunately, I am not currently in FL or allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

.

www.martindale.com

.

www.lawyers.com

.

They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

.

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thanks

Barrister

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Lawyer: Barrister, Attorney replied 6 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

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Thanks much

Barrister

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Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38,702
38,702 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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