A tenant threatens to sue if I do return her security deposit

[Mary Jay]

HI guys,

I have an out of state property that Ive been renting out for one year.

I asked the tenant to move out, when she moved out, there was lots of trash, some weird stuff on the walls, broke cabinets, smell of marijuana (in the state marijuana is not legalized), damaged flooring, etc..

I had to repaint and change the flooring.

Now she says that if I dont return her deposit she will sue me.

I dont think she deserves her security deposit back because she left so much damage.

But, I did not have a property management company, hiring a lawyer is usually more expensive than her security deposit.

I have a full time job and cant take time off to deal with flying to court hearing over 1K of security deposit.

I am trying to persuade myself to just give it back to her, but cant come to peace with that decision.

All these obnoxious tenants, who drain landlords, just really make me sick.

Any word of wisdom guys?

[John Teachout]

You can charge for the damages but be sure to clearly describe each item and attach the costs associated with it. If the damages exceed the deposit, those can be charged to the tenant as well. (maybe would have to be through small claims court). It's very important to deal with the deposit per your state/local laws and especially the timelines. You can't just "keep the deposit". You have to utilize it for the damages. In many states, you only have a certain number of days to make a claim against the deposit. Be sure to make notifications according to the law.