Linda P
08-15-2006, 12:03 PM
I tried to make this brief . . . sorry in advance for the length.
My tenant moved out back in May. Her rent was current, with perfect pay history and her lease was up (only 3 months, it's a long story, but we both agreed). At the final walk through, she had had the electric turned off, instead of back into my name, so doing the inspection was difficult and some rooms impossible. She did leave the apartment in perfect condition, with the exception of some carpet that was damaged (a large hole). She didn't think I should replace the carpet at her expense and got rather confrontational during the walk through. Before we left, I asked her for her new address, so I could send her the remainder of her security deposit back to her, minus the carpet replacement. She refused (keep in mind, she was very angry) and demanded we meet back at the apartment in a few days for rest of the walk through (the dark rooms) and I give her back the security deposit at that time. I told her it didn't work that way and that I had 30 days to return the deposit to her (I needed time to get carpet prices, ordered and installed). A few days later, once the electric was turned back on, I saw the rest of the apartment was clean and did not have her come back out for the second walk through.
Because I did not have her forwarding address, but did want to do right and return her deposit to her, I sent it to her old address (my apartment) within 30 days of the walk through. Because I didn't trust her (my little warning bell was ringing, so I tried to protect myself), I sent the check and itemized list certified (first time ever for returning a tenants security deposit using certified mail). The post office forwarded the mail to her new address and I have proof it was delivered. That was almost 3 months ago and she has not cashed the check. My concern is she will try to retaliate because I withheld money for the carpet and she will attempt to sue me claiming she never recieved the check, for double the security deposit.
Here are my questions. Am I covered in court from double damages because;
a) she did not give me her forwarding address (I have my husband as a witness I asked for it) and by law, I believe she has to provide that to me if she wants her security deposit back
b) I have proof I did the only thing I could do and returned her security deposit to her by having it forwarded from the old address and it was delivered
Thoughts? This tenant is slightly irrational and I worry about what she could do to try to "get even". I try to do everything within the law (even often going above and beyond by giving my tenants the benefit of doubt when it comes to their security deposit) and want to know if I have done everything correctly so I can stop worrying.
My tenant moved out back in May. Her rent was current, with perfect pay history and her lease was up (only 3 months, it's a long story, but we both agreed). At the final walk through, she had had the electric turned off, instead of back into my name, so doing the inspection was difficult and some rooms impossible. She did leave the apartment in perfect condition, with the exception of some carpet that was damaged (a large hole). She didn't think I should replace the carpet at her expense and got rather confrontational during the walk through. Before we left, I asked her for her new address, so I could send her the remainder of her security deposit back to her, minus the carpet replacement. She refused (keep in mind, she was very angry) and demanded we meet back at the apartment in a few days for rest of the walk through (the dark rooms) and I give her back the security deposit at that time. I told her it didn't work that way and that I had 30 days to return the deposit to her (I needed time to get carpet prices, ordered and installed). A few days later, once the electric was turned back on, I saw the rest of the apartment was clean and did not have her come back out for the second walk through.
Because I did not have her forwarding address, but did want to do right and return her deposit to her, I sent it to her old address (my apartment) within 30 days of the walk through. Because I didn't trust her (my little warning bell was ringing, so I tried to protect myself), I sent the check and itemized list certified (first time ever for returning a tenants security deposit using certified mail). The post office forwarded the mail to her new address and I have proof it was delivered. That was almost 3 months ago and she has not cashed the check. My concern is she will try to retaliate because I withheld money for the carpet and she will attempt to sue me claiming she never recieved the check, for double the security deposit.
Here are my questions. Am I covered in court from double damages because;
a) she did not give me her forwarding address (I have my husband as a witness I asked for it) and by law, I believe she has to provide that to me if she wants her security deposit back
b) I have proof I did the only thing I could do and returned her security deposit to her by having it forwarded from the old address and it was delivered
Thoughts? This tenant is slightly irrational and I worry about what she could do to try to "get even". I try to do everything within the law (even often going above and beyond by giving my tenants the benefit of doubt when it comes to their security deposit) and want to know if I have done everything correctly so I can stop worrying.