Q: Can I counter-sue a former tenant who didn't give me time to pay back security deposits and also defame me?
Landlord here, my former tenants(two) are suing me for twice their security deposit fees... I was initially going to give it back once they completely moved out but on their last day, they decided to post on Facebook how much of a s***** landlord I was and urged people not to rent my place. even with this, when a mediator contacted me on their behalf and I told them I was willing to pay their refunds back but needed to deduct for some damages made to my property. I sent her photographic evidence of this, and this mediator ended up encouraging the said former tenants to just go ahead and sue as was evidenced in the summon... Any advice will be highly appreciated.
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A:
In situations like yours, considering counter-suing for defamation might be an option if you can prove the former tenants made false statements that caused you harm. Defamation involves publishing false statements to a third party that damage a person's reputation. If the tenants' claims on social media were not only untrue but also resulted in quantifiable losses for you, such as losing potential tenants, this could form the basis of a defamation claim. However, truth is a defense to defamation, so if their statements were true or opinions, it may not be viable.
Regarding the security deposit, most jurisdictions have specific laws detailing the timeline and conditions under which a landlord must return a security deposit. This often includes allowing time for the landlord to assess damages post-move-out. If you have complied with these regulations, including providing evidence of damages and an itemized list of deductions within the legal timeframe, this should be communicated clearly in your defense. It's essential to review your local laws to ensure your compliance, especially regarding the timeline for returning deposits and notifying tenants of any deductions.
Seeking legal advice from an attorney experienced in landlord-tenant disputes is advisable. They can help navigate the complexities of your situation, including the potential for a counter-suit and defending against the existing lawsuit. Legal counsel can also guide you on the best course of action, whether negotiating a settlement or proceeding to court. Remember, each case is unique, and the guidance of a professional can be invaluable in protecting your interests and navigating the legal system effectively.
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