It is better to get legal advise

When you take legal to againest some one, be aware you are dealing the complex legal system, any mistake may bring you big loss. That is why an average attorney charge $150 to $200 per hour. I'd rather hire an experienced real estate attorney to give you advise based the case.

Even I go to court 3 to 4 times a year for such cases. Based on so limited info, I am not able to say anything. Different states have diff laws.I am not an attorney but a part time property manager managing about 20 properties.