Questions about my legal position

[Hatrabbit]

Hello... A tenant recently moved out and I withheld part of their security deposit for two issues:
-For the last three months of their tenancy they paid rent late, requiring a late charge each time. They continued paying rent but not the late charges. I deducted them from the security deposit. (There was never a question about the existence of late charges, they're in the contract and these people have paid them in the past).
-The rental agreement required them to change the furnace filter. They called because the furnace was not working, the property manager advised them to check the filter as they would be responsible for the service charge if that were the cause. They said it was ok, and the company that came out diagnosed the problem as a dirty filter. I kept $75 of their security deposit, the cost of the service call.
Now they're taking me to small claims court to contest these deductions. Before I go forward and fight this I'd like to know if I'm on solid ground. Any advice will be greatly appreciated.

 

[jharris352]

I would think you are on a rock. Don't worry.

 

[Gail_in_Georgia]

If this helps, I've attached a good article that describes the four reasons (and the only reasons) that money from a security deposit can be kept in California:

http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

1. Argue in court that when tenants fail to provide the rent within the deadline stated on the lease, the late fees become part of owed rent.

2. Failure to change filters (as required in the lease) caused damage to the furnace (not normal wear and tear) which, luckily, was resolved rather inexpensively. Your tenants should have realized that the damage to the furnance caused by their failure to change filters could have been MUCH more expensive.

Gail

 

[Hatrabbit]

Thanks for your opinions and information. I think I'll go ahead and fight this, though I realize that if the case is judged by someone who is overly sympathetic towards tenants these issues could be interpreted against me.
Normally I'd fight it without question, but in this case my contract with the property management company includes a clause that if a case in which they're named loses in small claims court, they will automatically appeal it at the owner's expense. And that process, as I understand it, costs $700-$1000. I'm pretty confident I stand a good chance here, though.