Landlord Question and Answer Forum

Suing Tenant After Returning Sec. Deposit

We recently had a tenant move out without giving notice. She claimed that there was mold in the unit even though I had three different companies test the unit while she was living there and found it to be clean. Since I didn't want any more trouble with her, I returned her full security deposit. Several weeks later, I found out that she told several people that our apartment had mold damage. She secured her current apartment by telling her landlord not to call me to check her references because supposedly she had to leave on bad terms due to the mold in the unit. My question is even though I have returned the security deposit, do I have cause for action against her for her baseless mold claims?

There can always be "cause for action". The problem here is that you probably had a verbal agreement; she leaves quietly and you give her security deposit back. Not getting things in written and signed format kind of leaves you open. And.....this kind of lawsuit can cost more money than it is worth. But, many attorneys do offer free consultation. Contact one of them and see what they think.

Posted by Denise S, PA on Wednesday, February 03, 2010

Basically it happened the way you described except that after cashing the full security deposit (on the advice of an attorney) she has threatened me with a lawsuit over unsubstantiated mold claims. I'm just trying to figure out what I can come after her for in the event of a countersuit.

Posted by james r, IL on Wednesday, February 03, 2010