Ex-tenant Suing

[Emlyn]

I've an ex-tenant who is suing me in small-claims court.  After I purchased the system in November, I found out there clearly was a rat problem in her walls.  The moment I found out, I contracted Terminex to eliminate them.  I also contracted them to eliminate infection and powdered article beetles within the basement.  Per month or two afterwards and the rats were still behind the walls and a poor odor from behind 2 walls.  I introduced a wildlife specialist who eliminated 2 dead rats, 2 nests and covered up the walls and concreted some Openings outside.  Within the next monthapproximately, the tenant still stated to listen to the subjects within the walls.  The wildlife man had people inside twice per week setting barriers and hearing for rats.  Never captured something and never noticed anything.  Lastly my tenant informed me she can not go anymore and was shifting out.  She offered me a letter declaring she was giving me 30 days notice as needed in her lease (which was using the prior operator).  Her lease also says a 30 day notice is required.  At the conclusion of the month, she switched in her secrets and was totally transferred out.  I did not obtain it rented for about two weeks so I figured out the finish of the thirty days and got out the distinction from her security deposit and sent her the rest.  She's suing me for a great deal more income than what is left of the deposit and she cashed the check I sent back once again to her.  I've requested my present tenant if they've noticed something at all and have informed me they notice nothing at all.  in my opinion the subjects are eliminated and she was getting weird from any sound the building created (it is an older building).  Because she cashed the check, does she still have legal motion against me?  Fortunately, I've all paperwork and the wildlife organization is giving anyone to state on my behalf.  She's suing me for nearly 4 times over what the distinction is.

[Arron]

While she moved out had she achieved her 30 time responsibility or did she go out before her 30 times was up? No, she did not end out her thirty days.  She shifted out 18 times after her notice.   Was she on a MTM or was there still time left on her rent? There clearly was still moment on her behalf lease.  About 5 weeks.   I talked with an attorney today, and they i'd like to know that it'll fall to some he said/she said battle.  At-Least the judge is just a reasonable person who listens to each sides.  They also said that I do have a good protection.   Cheers for that guidance!

[Erwynn]

BrianS6812:Because she cashed the check, does she still<br />
have appropriate motion against me? Yes. BrianS6812:Fortunately, I've all paperwork and the<br />
wildlife organization is giving anyone to<br />
State on my account. That is undoubtedly within your benefit. BrianS6812:She's suing me for nearly 4 times over what<br />
the distinction is. She may prosecute you to get a gazillion bucks and it would not imply sheis likely to get it. I would recommend you study a state's landlord-tenant statute before you visit court and make certain you've complied with regardless of the statute claims about security deposits. http://www.thelpa.com/... Appears like you've a great protection. Simply be sure you do not shed on some kind of safety deposit technicality.  

[oakley]

Generally 30 days applies to 1st of month notice so get your details right---and if lease had 5 month to go(say on a 1 year lease)  why is 30 days notice acceptable anyway?  You may have grounds to counter claim for balance of lease ?

[Tryp]

I bought the building after her lease was started.  Therefore The conditions of the lease suggest that the lease might be terminated by either party if given thirty days written notice.  She gave me notice on 5/13/09.  Her lease would not be up till March 2009. I'm-not fretting about countering as I curently have another tenant inside. Enables you to all know the outcome.