Lease Question
This is a new one to me, so I'm not sure. Tenant leaves before end of lease. Wants security back, but damage from pets extensive. Letter within 45 days refusing to return security and explain liability. File claim now for duration of lease or wait to get a tenant to replace him and then file? Tenant hostile and will probably file, doesn't get it. File or counter-sue?
Counter-claim if the tenant sues.
Suing for the balance of the lease is going to go nowhere. You have a responsibility to mitigate your damages which means the most you can get on such a suit is the actual period of vacancy.
The tenant is probably uncollectable so a suit for the damages alone is probably not worth the costs. If, on the other hand the tenant sues you then you have no choice but to respond. And a counter-claim is an excellent response. Take pictures of the current condition in case it comes to that.
Most tenants are uncollectible, but I always enjoy a what if question if I'm unsure of the answer. I find it counter productive to pursue most of the time. I like the counter sue option, tho. Thanks.