left over tenant no lease suing us at small claims

Hi long time reader, first time asking. I have a girl left from a group of 4 in the dulpex, who does not have her name on the lease. She was in the process of getting the lease sign…3 months later no new lease. She was just living there and paying her portion and got new roommates…still in the process of signing a lease however, due to circumstances, they all moved in prior to signing. water from upstairs overflow to the dulpex, to the hallways of parlor (three bedroom, new people). water continue to over flow to garden (left over girl’s new “living/bedroom space”). some stuff got wet. We got our GC to come and fix the sheetrock. They were not happy that it was not fix to the way she want it. They withheld rent, till things are fixed the way they want. GC fixed the apt. they were still unhappy, decided to move without paying for the the rest of the rent (non liviable 2weeks month of Nov I offered her rent adjecstment. .). they were still not happy. they all moved out mid Nov. I kept security deposit. Got a letter from small claims today. What’s my right in this situation. She has no lease, we have email corresponding. She lived there for 2 years, before her friends (my lease tenants) moved out. Thanks,

thisoldhome

in Lawyers and legal service 13 years and 4 months ago

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Putnamdenizen | 13 years and 3 months ago

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Please don’t rely upon legal advice on an anonymous blog. That said: My understanding is that you cannot use a security deposit for unpaid rent, but only for damages.  You would either have to use a “last month’s rent” or counter sue her for any unpaid rent.  It is unclear why you think you have a right to her security deposit or indeed whose security deposit it would be, since she seems not to have ever been a named renter.

Goatcrapp | 13 years and 4 months ago

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you accepted her rent so she was a tenant, regardless of a lease.  This is called a month to month agreement.  You could have evicted her with proper notice at any time during this period. You are allowed to keep the security deposit in lieu of unpaid rent, only insofar as the amount of unpaid rent equals or exceeds the deposit.  If the deposit has leftover, after you’ve accounted for the rent, you’ll need to return that portion. However, you absolutely need to answer the suit.  (by the way – was it served? if so – how?  (signature delivery, in person, etc) if her unpaid rent exceeds the security deposit – you should consider counter filing a suit in small claims for the additional amount she owes..  that usually nips these things in the bud.