Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I rented a property two years back. Original Tenant on Lease…

Customer Question
I rented a property two...
I rented a property two years back. Original Tenant on Lease passed away who had made security deposit onaccount. Her daughter decided to move out and she gave us proper notice and moved out. I did a walk thru and house had lot of issues when she left like painting, carpet bulk trash and couple of doors busted. I as a goodwill gesture did not apply cost of carpet change since the carpet was old when she moved in but House was freshly painted and still the cost and material to clean/ Paint other minor repairs was almost close to 1500.00 I still decided to only charge her 50% so I reimbursed her 50% deposit and applied other half to the repair cost which was discounted to 50%. She went ahead and filed a suit for balance amount in court. I sent her 50% of the deposit to her as check and she cashed it. But she wrongly filed the suit. Lease was in companys name and she sued me instead since Im the owner. In court trial Judge dismissed the matter since the filing had to be redone. I have a court hearing next week in this matter. Also she lied to judge she did not cash the check for any deposit disposition. I was not in court and my company employee had represented the office. Please advice how to proceed Property is in MD
Submitted: 6 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 12 minutes by:
9/1/2011
Real Estate Lawyer: Legalease, Lawyer replied 6 years ago
Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16,440
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
Verified

Hello.

 

You should appear on behalf of your company (I am assuming that she re-filed in company name?) and bring with you copies of the cashed check and any correspondence with her. If you have pictures of the unit when she left before the repairs were made that will be good and if you have any witnesses that saw the condition of the apartment or worked on the apartment (even if your maintenance employees). Finally, be ready to fully explain to the judge how you arrived at the 50% amount that you should have charged her -- but you were being kind and generous because it might be possible that the original tenant caused some of the things that were left behind and you simply deicded to be nice and give her some of the deposit back. REgarding her lying to the court on whether or not she cashed the check -- you want to be gracious about it -- present the copies of the cashed check and simply state that "perhaps the tenant was mistaken but she did cash the check I sent her for the one half of the security deposit. The problem with most tenants I have encountered over the years is that they think that they are automatically entitled to the return of their deposit because everything to them is "normal wear and tear" -- no matter how bad the condition of the unit they left behind.

 

--MARY

Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16,440
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
Verified
Legalease and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago

So it seems like it is very discretionary issue and each judge may act on their own decision. Yes I have Management Company so a walk thru with pictures was documented. I will go this time..

Real Estate Lawyer: Legalease, Lawyer replied 6 years ago

Hello there

 

Yes, the judges have an incredible amount of discretion.

 

--MARY

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legalease Your Own Question
Legalease
Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16,440
16,440 Satisfied Customers
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues

Legalease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I recently moved out of a home that I rented for 4 years in
Hello, I recently moved out of a home that I rented for 4 years in Massachusetts. The last year of occupancy the house changed owners. When I moved out I cleaned the house and had the carpets professi… read more
LegalGems
LegalGems
Juris Doctorate
12,550 satisfied customers
What is the name of your state (only U.S. law)? Oklahoma Background
What is the name of your state (only U.S. law)? Oklahoma Background Summary: Never had an executed lease agreement. I crossed out a lot on the first one provided to me, due to the lease being set up a… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have 4 year old carpet that was brand new when the tenant
I have 4 year old carpet that was brand new when the tenant moved in. She signed no smoking and no pet addendums. The carpet is trashed due to smoking and pet stains. What percentage can I charge her … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I recently had to move out of a place in March 2013 but my
I recently had to move out of a place in March 2013 but my lease wasn't up until June 1, 2013. The reason I had to move out was because the landlord sold the home were for two reasons. 1. The landlord… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We have a HUD tenant who re-signed her 8 HVC 1901 lease in
We have a HUD tenant who re-signed her 8 HVC 1901 lease in October 2011, and shortly thereafter gave her 30-day notice for release from lease agreement, effective 30 November 2011. Does this constitut… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was given 30 day notice and am moving out tomorrow, August
I was given 30 day notice and am moving out tomorrow, August 31, 2011. Do I have to do a walk through with the landlord and do I have to do it by a certain time of the day tomorrow? If the person that… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I had just moved out of an apartment that I have been living
I had just moved out of an apartment that I have been living for 4 years. When I went to the office I told the apt. manager which had been there only 3 months. Changed managers 3 times in 4 years. Nev… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
rented a wonderful single family house hardwood floors redone
rented a wonderful single family house hardwood floors redone the upstairs newly carpeted freshly painted. now there are bedbugs in the house whose responsibility is it to get rid of them Live in Milw… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
Hello - Our daughter moved out this May 15 from a house she
Hello - Our daughter moved out this May 15 from a house she (and other various roommates) had rented for 3 years. Always paid rent on time and in full. May rent was paid in full, but landlord had agre… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
Is a landlord breaking any law or laws if he tells a tenant
Is a landlord breaking any law or laws if he tells a tenant rent is increasing to catch up to market value according to the current appraisal when he is charging more than the appraisal indicated due … read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I live in California and I gave a $1,750 security deposit on
I live in California and I gave a $1,750 security deposit on 8/1/09 to the owner of a SFR who had tenants moving out 8/31/09. The tenants had trashed the place. No real expensive physical damage, but … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,255 satisfied customers
I recently moved out of a rental house I lived in for 4.5 years.
I recently moved out of a rental house I lived in for 4.5 years. The deposit was 1250 for the house and 400 for the dogs. I received $170 of my deposit back . I feel the deductions are bogus and would… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,255 satisfied customers
How does the court define normal wear and tear in determinig
How does the court define normal wear and tear in determinig how much a landlord can withhold from rental security deposit. I sent itemized list of deposit disposition within 30 days and refunded the … read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My landlord demanded $5,500 for a security deposit not including
My landlord demanded $5,500 for a security deposit not including first and Last months rent. She returned a check for $468.46 two months after we moved and her receipts were only proposals not actual … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,255 satisfied customers
My tenants move out one month early, they gave me a 30 day
My tenants move out one month early, they gave me a 30 day notice. however, we could not agree on the proration of rent. they moved out on the 15th of jun, their lease expired on the 1 of jul 2008. In… read more
christygold
christygold
Attorney
Doctoral Degree
294 satisfied customers
My daughter shared an apartment with three other girls it was
My daughter shared an apartment with three other girls it was 4 bedrooms and three baths. One girl painted her bedroom when she moved and they all lived there for 1 year and 4 mos. The girl moved out … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
iS A RENTER RESPONSIBLE TO COMPLETELY PAINT THE ...
iS A RENTER RESPONSIBLE TO COMPLETELY PAINT THE CONDO UPON MOVE OUT IF THE CONDO WAS NOT FRESHLY PAINTED UPON MOVE IN?… read more
Flagbridge-RE
Flagbridge-RE
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 satisfied customers
Can I deduct from the security deposit of my previous ...
Can I deduct from the security deposit of my previous tenants the cost of repainting the apartment, the cost of cleaning the carpet and the cost of the cleaning service that was brought in? I had bran… read more
Flagbridge-RE
Flagbridge-RE
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x