Tenant is suing me?

Question

My tenant recently moved out of my rental property. She (with help from her children) trashed the joint.

MN gives 21 days for landlords to inform tenants I sent her a letter notifying her of this fact. I wasn't sure of her address (she provided me one, but later said it wasn't correct), so I e-mailed her as well and cc'd her case worker just to make sure she had her letter.

A few days later, she sent me a handwritten note, notifying me that she had not received the letter, and that she had no choice but to take me to court. I promptly sent another letter via registered mail, which she has not verified having received.

Today I received a summons to appear in conciliary court, since she is suing me for double the amount of the deposit. Her game seems to be to ignore all communications on my end, so that she can pretend she never received them. Anyone had a similar experience? How best to proceed?

I did not send the original letter by registered mail (though I do have a copy of the e-mail). I plan to countersue, and she actually owes me past rent. What a piece of work. Clearly, being a landlord is not how I make my living.

Answer 1

I would countersue, big time. If needed, I would also try to subpoena her case worker, if it is allowed. Do you have a lease and did she provide proper notice? Have every little bit of paperwork with her signature on it available for the court date.

Answer 2

You need a better lease. Everything needs to be spelled out carefully. I have to be notified in writing when a tenant is leaving-even when the lease is up. They must give me their new address and I have 30 days to mail it to them. So if they don't give me a good address, good luck in court. A good rule of thumb-if the tenants trash the apartment, they will cause you problems if they can. Another thing to do is take pictures of your apartment before and after each tenant. I would document the damage, get written estimates, have any pertinant witness available and sue her for the damages. Here, in Texas, we have JP's so court can be very simple and you can represent yourself. Of course, that also means that just about anyone can be a JP so it depends on how he feels about the problem. I've never sued anyone for damages as much as I have been tempted because even if you win, you still don't get paid and then you have put out even more $. But since she has taken you to court, you need to defend yourself and certainly countersue. You really have no choice. And sue for the cost of the attorney and all charges to get the countersuit together. Most judges recognize a deadbeat. I don't know how you do that in MN. All I can say to you is Thank God for Equity.

Answer 3

You are dealing with a professional deadbeat who probably knows the court system and how to milk the system in general a lot better than you do. Get an attorney and have all communications go through that attorney. You need a professional because I'm sure this former tenant knows all the loopholes so you just need a pro to get this over with. I agree with the other posters, sue her for damages and back rent or whatever. You will have to have receipts for the supplies and repair work to fix the unit when you go to court and pictures would be good, too.

Answer 4

the party is a professional deadbeat, If she had a case worker and you contacted same, was it b4 the 21 days and how was the service and how was the CW connected to the rental & you?

1st and foremost, always send a 21 day ltr by proof of service mailing for .90 cents and followed by a registered ltr with copy of same enclosed proving up your service upon her and the postal service.
2nd if you never receive a forwarding on DBs, mail the ltr's to the last known address; your's that she rented from you.
If its not picked up, you will get it returned and leave it unopened for the world and Court to view when it comes to that.
get your ducks in a row and plan for a battle, this ------wants your gonads & eye teeth.

Answer 5

this is a job for your property attorney, not for you.

pay for her/his advice and learn.


then counter sue ... claim that tenant's lawsuit is frivolous and forced you to defend yourself in court at your expense ... even if you win, it'll likely be uncollectible AND it will notify both your future tenants and her future landlords that you're serious and she's a deadbeat.


Btw, always, Always, ALWAYS send the required letter to the address the tenant provided in writing. If you even suspect it won't be received, pay the extra for proof of delivery. That's your evidence in court that you did as the law requires.

If the tenant later claims she didn't receive it but you can prove you sent it to the address she gave you, you're off the hook and the lack of receipt is her problem.

Answer 6

Why does she have a case worker? Is this govt housing? If so, then they have certain rules the tenants have to follow and you need to contact the authorities. If not, then get an atty. She will owe you for back rent, damages, court costs, atty fees and wrongful suit. Did you check her references? Internet for past charges?

Answer 7

First: A landlord should always have a attorney...
Second: He will make a fool out of her.
Third: It will cost you less for a attorney than if she would win with you with out one.
You got it beat...you need a smart thing by cc'd her case worker ...
Good Luck, Watch the stress..

Answer 8

Get a lawyer. Countersue for the deposit, fees, and damages.

Answer 9

attorney