Tenant suing for withholding deposit after multiple lease violations + damage

Tenant suing for withholding deposit after multiple lease violations + damage

Member since 2025 · 5 posts · 1 vote

Per the subject, I now have a tenant in New Orleans who has threatened to sue me in Small Claims Court for withholding his security deposit of $1200. I'm ready to grit my teeth and ride this out betting that the tenant will drop it, OR that the claim will not move forward because he will not be able to "serve" me (I live in Portugal). 

I'm a landlord dealing with a former tenant who violated the lease (unauthorized pets, gave only 6 days notice instead of required 30 days) and left property damage exceeding the $1,300 security deposit—total repairs are over $2,400.

Initially, we asked the tenant to wait while we completed repairs and calculated costs. The tenant became hostile, threatened our property manager, and threatened to sue (August). We then sent a registered letter (September) detailing the lease violations, itemized damages, and offered $100 to settle. The letter noted that if they pursued legal action, we'd counterclaim for full damages plus compensatory costs since we live overseas and would incur significant travel expenses for court.

The tenant replied they'll sue in small claims court anyway, citing Louisiana tenant rights. We haven't responded yet.

And before anyone asks: There are VERY clear lease terms around the security deposit, ex: "In the event of forfeiture of the security deposit due to Lessee's failure to fully and faithfully perform all of the terms and conditions of this lease, Lessor retains all of his other rights and remedies" ; "Deductions will be made from the security deposit to reimburse Lessor for the cost of repairing any damage to the premises or equipment or the cost of replacing any of the articles or equipment that may be damaged beyond repair, lost or missing at the termination of this lease"; and "Not withstanding any other provisions expressed or implied herein, it is specifically understood and agreed that the entire security deposit aforesaid shall be automatically forfeited should Lessee vacat or abandon premises before the expiration of this lease"

What are our options here?


As a landlord, am I justified in withholding the security deposit, or is there a risk that I go to court and lose? This seems to be pretty clear cut to me, but I'm still a little nervous as it's the first time this is happening. 

Advice? Should I hold on tight and wait it out, or should I retain an attorney ASAP?

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Drew SygitBusiness Member
Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
1y

@Sandra Uwantege Hart what @Chris Seveney is trying to communicate to you is, did you follow ALL the Louisiana statutes regarding the handling of the Security Deposit?

Here in Michigan, we have 30 days to return it, which gives us time to get bids for damages.

So, how well do YOU understand Louisiana's laws or how much do you trust your PMC to know & follow them?

Here are some resources I quickly Googled:


https://ldh.la.gov/assets/oph/Center-PHCH/Center-CH/infectio...

https://louisianalawhelp.org/resource/getting-back-your-secu...

If you and your PMC followed all legal requirements you should have nothing to worry about - but the tenant can still sue and they will find out they are wrong. Unfortunately, that may still cost you money as you aren't flying in to attend court, meaning you'll have to hire an attorney who will probably petition to escalate the case from small claims.

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    1y

    There will be a lot more to the story. Did you provide proper notification. Did you provide itemized list of damages. If you are overseas, who is managing the property? How do you know these damages were done by this tenant and not someone else? Do you own this in a LLC?

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  • Member since 2025 · 5 posts · 1 vote
    1y

    We have a property manager with Remax who we have been working with for years. We have emails with him confirming the tenant had been informed verbally of the need to withhold the security deposit until repairs were completed, at which point itemized costs would be provided. In the letter we eventually sent to the tenant, we itemized all repairs and associated costs based on the quotations we had (the work is still ongoing). We know the damages were done by the tenant because the PM inspected the property when the keys were handed over and the tenant moved out, and he documented those damages in an email to us. I do not own this in an LLC.

  • Member since 2025 · 5 posts · 1 vote
    1y

    I guess what I am wondering is: The way our lease is written, as far as I can tell, the tenant forfeits the deposit upon violation of terms in the agreement. The failure to respect the 30 days period is a clear cut violation of the lease terms...before we even get to repairs. Isn't that a reason in and of itself to withhold the deposit?

  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    1y

    @Sandra Uwantege Hart what @Chris Seveney is trying to communicate to you is, did you follow ALL the Louisiana statutes regarding the handling of the Security Deposit?

    Here in Michigan, we have 30 days to return it, which gives us time to get bids for damages.

    So, how well do YOU understand Louisiana's laws or how much do you trust your PMC to know & follow them?

    Here are some resources I quickly Googled:


    https://ldh.la.gov/assets/oph/Center-PHCH/Center-CH/infectio...

    https://louisianalawhelp.org/resource/getting-back-your-secu...

    If you and your PMC followed all legal requirements you should have nothing to worry about - but the tenant can still sue and they will find out they are wrong. Unfortunately, that may still cost you money as you aren't flying in to attend court, meaning you'll have to hire an attorney who will probably petition to escalate the case from small claims.

    • Member since 2025 · 5 posts · 1 vote
      11mo


      Quote from @Drew Sygit:

      @Sandra Uwantege Hart what @Chris Seveney is trying to communicate to you is, did you follow ALL the Louisiana statutes regarding the handling of the Security Deposit?

      Here in Michigan, we have 30 days to return it, which gives us time to get bids for damages.

      So, how well do YOU understand Louisiana's laws or how much do you trust your PMC to know & follow them?

      Here are some resources I quickly Googled:


      https://ldh.la.gov/assets/oph/Center-PHCH/Center-CH/infectio...

      https://louisianalawhelp.org/resource/getting-back-your-secu...

      If you and your PMC followed all legal requirements you should have nothing to worry about - but the tenant can still sue and they will find out they are wrong. Unfortunately, that may still cost you money as you aren't flying in to attend court, meaning you'll have to hire an attorney who will probably petition to escalate the case from small claims.

      We have 30 days in Louisiana. LA law states that deposits can be withheld in two cases: 1, damage beyond wear and tear; and 2, tenant default. The Tenant was informed in writing within the 30 days that a portion of the deposit would be withheld pending completion of cleaning and repairs : cleaning service, repainting, and removal/replacement of all carpeting, which was both stained and stinky due to the unauthorized pet.

      BUT it's also New Orleans where it is almost impossible to get any type of property work done within 30 days. Hence informing the tenant of the pending exact cost, which we updated when work was completed in September.

      Reading the LA legal statutes, the section (A) outlining requirements of the landlord to refund the security deposit is followed by a subsequent statute reading: "C. Paragraph A of this Section shall not apply when the tenant abandons the premises, either without giving notice as required or prior to the termination of the lease."

      https://codes.findlaw.com/la/revised-statutes/la-rev-stat-ti...

      We have decided to wait this out, so I guess we will see. I do have a good contact for a local lawyer in these matters but at this point it's more a waiting game to see how serious this guy is. 


      Sandra
  • MD/DC · Member since 2024 · 1k+ posts · 1k+ votes
    1y

    It’s not going to matter what your lease says if it doesn’t follow the law. If I read correctly and you offered them $100 for what I’m not sure I suspect that could muddy the water. I would definitely consult a lawyer if they don’t let this drop. 

  • Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    11mo

    Check you state laws to see if your property manager can go to court in your stead.  In PA we as property managers can legally represent the seller, assuming proper documentation proving the relationship.

    I do not take threats of court from a tenant seriously.  Number of times those many dozen of threats have resulted in an actual suit? Zero ( 0 ) in the last 20+ years.

    • Member since 2025 · 5 posts · 1 vote
      11mo
      Quote from @Marc Winter:

      Check you state laws to see if your property manager can go to court in your stead.  In PA we as property managers can legally represent the seller, assuming proper documentation proving the relationship.

      I do not take threats of court from a tenant seriously.  Number of times those many dozen of threats have resulted in an actual suit? Zero ( 0 ) in the last 20+ years.


       Really helpful Marc, thanks! 

  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    11mo

    We always dot our I's, cross our T's, and have the proper documentation. Whenever a tenant tells us that they are going to sue us or hire a lawyer we simply tell them "You are welcome to seek legal counsel to assist you in this matter." We then address the situation, ie, from our documented move out inspection it is clear from the notes and photos that... so on and so forth. 

  • Andrew SyriosPro Member
    Moderator
    Residential Real Estate Investor · Kansas City, MO · Member since 2014 · 10k+ posts · 5k+ votes
    11mo

    In cases like this, it all comes down to documentation (usually, you can never know for sure once it goes legal). I would talk to an attorney of course, but it sounds like you have pretty good documentations (correspondence, pictures, costs, etc.) and can clearly show all the violations. I doubt the tenant has anything like that. So again, talk to an attorney, but I would probably just go to court and see what happens. Again, you never know when it goes legal, but it sounds like everything is on your side.

  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    11mo

    I get threatened for lawsuit related to RE a couple/few times a year and have yet to be sued.  I suspect it is extremely unlikely you get sued.  

    If you do get sued, it will come down to documentation, lease, and laws.   I suspect that full security deposit forfeiture for lease violation may not be legal.  However, if tenant was required to give 30 days notice and gave less, you are likely entitled to the lesser of the days the notice was short or the days the unit was vacant.  For example in Many jurisdictions, if you place a new tenant in 2 weeks (very challenging and not recommended) you can only charge for the 2 weeks even if tenant broke lease 22 days early. 

    My view is with the early tenant lease termination and the damages, you are likely owed more than the deposit and justified keeping the deposit and getting a judgement on additional Money owed.  

    Good luck

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