Landlord Law


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Preparing for a Date -- in Court

Defending a small claims action

A previous tenant is suing us in small claims court over the amount of security deposit that was returned to him. We provided an itemized list of the expected repairs along with the balance of his security deposit. We have pictures of some of the damage. We do not have receipts for all the work, but do have estimates for the cost of materials. We also have a signed statement from the tenant before this one, stating the condition of the apartment and the specific areas that have been damaged.

The tenant is suing us for security deposit, grief and time, gas and miles. Can he sue for all of that, or just the amount owed from the security deposit? Also, what else would you suggest we have for our court date?

What matters in small claims court is not so much what you say, but what you drag through the courtroom door with you. And you seem to have done a pretty good job of preparing already.

When you do land in court, you will need to convince the judge that the damage was not there when the irate tenant moved in and that you have spent reasonably for needed repairs. Bring your receipts, pictures and any helpful witnesses. If the witnesses are not able to appear in person, a signed declaration will probably be sufficient.

You sound like a reasonable soul -- and you will want to impress the judge with this, too, right down to your sensible shoes. Be calm, factual, as succinct as possible when making your presentation. It is unlikely that a judge would award the tenant compensation for his transportation costs, even if he wins.

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