Good news for Tenants!
This is good news for tenants, but at the same time it is a warning that needs to be heeded. When a landlord files an eviction action against you and you have a defense of violation of the security deposit law, this is a one time defense.
In the eviction action when you use it as a defense/counterclaim, you will get possession and money damages, but then that defense is gone and the landlord will bring a second eviction action and you will be evicted.
In the eviction action when you use it as a defense/counterclaim, you will get possession and money damages, but then that defense is gone and the landlord will bring a second eviction action and you will be evicted.
GOOD NEWS FOR Landlords!
This is also good news for landlords, this is good news in the sense that it will clarify for landlords what the rules are. I have seen many Landlords either with an attorney or pro se try to argue that the law is unfair in a summary process action, that the security deposit law is too onerous to comply with or too unfair to landlords. The problem is, the law is what it is and the courts do not make law, they interpret it.
If you are a landlord, either don't take a security deposit or hire an attorney to make sure that you do it 100% correct. Also, if you are filing an eviction action don't rush out to do it fast, fast, fast; do it smart, smart, smart!
If you are a landlord, either don't take a security deposit or hire an attorney to make sure that you do it 100% correct. Also, if you are filing an eviction action don't rush out to do it fast, fast, fast; do it smart, smart, smart!