My question, statute aside, is even if you win in small claims court are you going to be able to collect and is it worth your time and effort when you already have it rented?
I am not an attorney nor do I play one on TV. Based on what you have presented it sounds “IF EE” at best. Because you did not follow proper procedure, you have diminished the strength of your case.
How much do you think you can recoup for stove cleaning and a poop-scooping? A good judge is going to see that your just being a nit-picker and make you prove your damages…
Your only damages are two weeks lost rent, an hour to clean the stove, and 10 minutes of poop duty…
My two cents: Chalk it up to experience and get over it.
Consider yourself lucky. I normally prepare myself for at least 6-8 wks of vacancy when someone moves out because the Sect 8 office is so slow. If you have a clause in your lease about early termination, that should address the damages. I fail to see where you’re in the thousands of dollars range. Like Keith said, clean up the stove and crap and get on with things. How much is it going to cost you to file the case, lost pay from your normal job, etc just to prove a point? Deduct what’s necessary from the deposit, but you need to document it and be reasonable in your costs or you’ll look bad if they sue you…