Q: Can my former tenant sue for treble damages for me holding on his security deposit for breaking lease 1 month early
Tenant informs me 24 days before last months rent is due that has found another house and is moving. He asks if he can not pay June rent and if we can possible find a renter. I’m very vague in my answer and told him we could try. I didn’t tell him he would get his security deposit back and I told him he didn’t owe me any more (since I could just use his deposit. I was trying to help him not have to pay 2 months rent at once, but didn’t fee I had to return his full deposit since he broke the lease for an unjustified reason. I sent timely certified mail informing him of decision to keep deposit. Now threatening to sue for treble damages claiming civil theft. Other factors involved including text messages he will try to use to his favor. No mention of refund on my part. Main question I have is the proabtof judge or jury ruling in his favor on treble charges
A: You should have an attorney review the complaint and defend it. There's no way to know if he has stated a good cause of action for civil theft.
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