Tenant suing Landlord

[toujoursoleil]

Florida, at the end of a yearly lease tenant continued renting on a month to month for several more months and then left a voice message on my cell phone stating she wanted to vacate at the end of May. In mid May another phone message from tenant saying she was not moving out and did not know when but maybe end of June. I returned the phone message saying if staying past May 31 would need to pay June's rent and give a two week written notice. At the end of the first week in June I called tenant to say I was coming by condo to collect rent check and past due money for utility bills. Tenant did not answer door so I posted bills and letter stating would need to pay June's rent. Thirty minutes later the police arrived at my home stating tenant had call them to file a complaint against me stating I had threatened her and she "feared for her life" (I am a sixty five year old grandmother). I went out of town following the incident and when I returned on the 15th there was a letter from tenant left at the front door. Tenant said she had moved out and was demanding her security deposit less ten days for June's rent and two months back utilities. I immediately sent a certified letter to tenant stating she owed me two weeks rent to cover required notice for vacating and additional utility bills. Shortly after that I received a summons the tenant was suing me for security deposit. At the pre trial hearing the judge set the case for a trial hearing and said I needed to counter sue tenant. Not sure why I need to counter sue...the amount due to me is only a few hundred dollars over the total security deposit which would be lost if I filed a counter suit (seems a waste of money and court time to me) The Florida law is very clear tenant must give prior notice before vacating. Can you please tell me what can possibly happen if I go to trial without counter suing. If the tenant owes me rent for the two week notice and utilities would the trial judge not deduct the amount from the tenant's security deposit. Is it possible I will have to return entire security deposit with tenant still owing me money. Can a voice message on cell phone constitute proper notice if the intent to move is rescinded a few weeks later? Shortly, after the pre trial the tenant's attorney called me and asked if I would consider settling out of court I answered yes if tenant paid me what was due. The attorney hinted the trial might not go my way since I now had a criminal record. I asked what he was talking about he said because tenant had filed a charge against me (when I came to collect rent) and I now have a police record. Can someone please tell me what I should do about that as well. Thank you for your help.

Do countersue the tenant. The purpose is to dispute that you owe the tenant any money. I know it doesn't make sense to you, but do it. Before court, make up a timeline. Show the dates (and times) of calls from your tenant. If you don't know these, ask your cell phone service provider to get you a statement of these. Show her calls on this record, and on the timeline to show when she gave notice and when she rescinded it. Did you save either recording? If so, play them for the judge. Let the judge know she did not commit to any date to vacate, saying only that she MAY move out AROUND the end of June.

Also, on your timeline, show that you called her back and informed her that rent for June would be due if she was still there come June 1st since she was indefinite on moving out or when she would be out. Then show on the timeline when you called to state the bills were due and that you would pick up the check at xx:xx time on xx/xx date. Show that you posted proper notice of monies owed on that date since no one was present at that time. Note that you never threatened the tenant nor did you even speak to the tenant on that day. (Dispute the police complaint and ask for damages due to false complaints being filed against you.) Further show on the timeline that tenant left a letter on your door that you received on xx/xx date (show the letter in court). State to the judge that you were unaware that the tenant had moved or was certaijn about moving and that you received no written notice to confirm intent to vacate.

Then show to the judge a record of payments from the tenant showing the lack of rent for June, and the lack of utility payments for which she was notified. Ask for a judgement for these amounts and any damages in excess of the deposit (you did send a proper deposit statement to her within 15 days of her notifying you that she had vacated, right?). Further tell the judge that the tenant's attorney contacted you on xx/xx date about a settlement out of court. State that you said you would gladly settle for only the amount she rightfully owed. Make sure you are calm and courteous in court.

Do not speak to her attorney any more. He is trying to use scare tactics against you to get you to not countersue for what she owes. Her unjust complaint was a joke as the officers obviously understood as soon as they saw you. They didn't arrest you nor warn you to stay away from her. They knew the complaint was unfounded. She wasted their time. This tenant is a real piece of work. Countersue to protect yourself and get a judgment against her.

[toujoursoleil]

Thank you for your informative and timely response. Shorty, after reading your advice the tenant's (attorney) friend called and wanted to resume our discussions. When I explained that since he had informed me of my "criminal record" I was seeking legal counsel and was advised not to have any further communication with him the man went ballistic and demanded to know who my attorney was and if he was going to call him. I was sure telling him "Mr. Unregistered" would not be in my favor so said I was sorry but not at liberty to say and needed to hang up. I suspect that won't be the last of him.

Again, thank you and everyone at World Law Direct for preforming a terrific service for individuals who can not afford the added burden of fighting the "legal" system. Sharing your knowledge with the community is truly admirable.