Should I take my landlord to small claims to recover my deposit?

[juddymommy]

We found our dream home and thought it was best for us to break our lease 3 months earlier. At first our landlord seemed okay with it as long as she got another tennant in. We even payed for APril because we had to get the house clean and ready and she needed to do what she needed to get it ready. After moving out and paying someone to clean and also steam cleaning the carpet she has decided to only give us 800 back out of the 1200 we gave her. The cleaning people did miss some things but she has said that the house was filthy with urine and fecees and that she now has to regrout the kitchen floor on a fifteen years house... among a list of other things. There was no damage to the place whatsoever! She first gave us a check for 1000 and then told us not to cash it beacuse the house was even more dirty than she had originally said. We went over there yesterday and video the conditions just in case I wanted to go to small claims to recover the rest. Now she is saying that if I take her to small claims she will sue us for the remainder of the lease. I want to know if this is possible even though she already has another person in the home? I know 400 might not seem like a lot but it is more a prinicipal thing for me now. She has insulted the job I play as mother and house wife by calling me a filthy pig. I just want to know if we should walk away with the 800 or take her to small claims. She has lied several times over the past week and I have emails to contradict what she is now saying. Seeking you advice!

 

[Gail_in_Georgia]

If your landlady has already gotten another tenant in (and is collecting rent from them) she cannot sue you for the remaining months on your lease. That's known as "double dipping" and is illegal.

Gail

 

[juddymommy]

Thanks for your reply Gail. She will be having a new tennant move in May 1. However she stated in a email today that if I took her to small claims she would sue me for the remainder of the lease. I did not think she could but I wanted to make sure before I went any further. Thanks again

 

[Gail_in_Georgia]

She could, of course, try to do this since anyone can file such a lawsuit. However, once it is proven in court that a new tenant is in place (and, since you've paid for April and the new tenant starts paying May first your landlady has lost no rent) she really has no basis to claim that you owe her rent for these remaining months on the lease.

Gail