SecurityDeposit Bebuttal (by plenty [MO]) Dec 3, 2018 2:56 PM|
SecurityDeposit Bebuttal (by Richard [MI]) Dec 3, 2018 3:07 PM
SecurityDeposit Bebuttal (by razorback_tim [AR]) Dec 3, 2018 3:12 PM
SecurityDeposit Bebuttal (by Ken [NY]) Dec 3, 2018 4:02 PM
SecurityDeposit Bebuttal (by Sisco [MO]) Dec 3, 2018 4:18 PM
SecurityDeposit Bebuttal (by S i d [MO]) Dec 3, 2018 5:23 PM
SecurityDeposit Bebuttal (by Jim in O C [CA]) Dec 3, 2018 6:02 PM
SecurityDeposit Bebuttal (by Hoosier [IN]) Dec 3, 2018 8:51 PM
SecurityDeposit Bebuttal (by Still Learning [NH]) Dec 4, 2018 3:55 AM
SecurityDeposit Bebuttal (by John... [MI]) Dec 4, 2018 6:01 AM
SecurityDeposit Bebuttal (by Mike45 [NV]) Dec 4, 2018 10:54 AM
SecurityDeposit Bebuttal (by plenty [MO]) Dec 4, 2018 5:50 PM
SecurityDeposit Bebuttal (by Robin [WI]) Dec 4, 2018 7:08 PM
SecurityDeposit Bebuttal (by plenty [MO]) Dec 5, 2018 5:33 AM
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SecurityDeposit Bebuttal (by plenty [MO]) Posted on: Dec 3, 2018 2:56 PM
Returned an account of a move out tenant's deposit. The notice included a complete accounting if damages, photos of damage and receipts for parts and labor from handyman and Copy of lease pages to backup. There was a balance due. All was done in accordance to lease, mo law and the lease. Balance due was to be paid by Nov 30. In today's mail i received a three page typed rant about how they dont owe this money, how terrible it was there and how bad properry management I provided. They lived there four years. Everything us unfair and my on doing. At the end of the rant they make their own list of items they will pay for and of course it requires me to pay them back a few $bucks$.... now I'm wondering if i should just pay them to shut them up? Make any reply? Or do nothing. Should there be a response on my end? --99.203.xx.xx
SecurityDeposit Bebuttal (by Richard [MI]) Posted on: Dec 3, 2018 3:07 PM
They have not paid what's due. Go for a judgement. --23.121.xx.xxx
SecurityDeposit Bebuttal (by razorback_tim [AR]) Posted on: Dec 3, 2018 3:12 PM
I agree with Richard. --70.178.x.xx
SecurityDeposit Bebuttal (by Ken [NY]) Posted on: Dec 3, 2018 4:02 PM
You did your accounting,why change it just because they cry about it? if they contact you simply ask when they are paying thr balance due? --72.231.xxx.xxx
SecurityDeposit Bebuttal (by Sisco [MO]) Posted on: Dec 3, 2018 4:18 PM
Plenty, you have furnished them a statement of charges and an accounting of their deposit.
You didnít give US dollar amounts to work with but, I say say bring suit against them, bring your statement and pictures of the damages and of course, add all associated legal fees. Get judgement, then garnishment. --72.172.xxx.xx
SecurityDeposit Bebuttal (by S i d [MO]) Posted on: Dec 3, 2018 5:23 PM
Per my Security Deposit accounting statement. Copy/paste/modify as desired:
"Balance is due and payable immediately. You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit/rental obligations.
Thank you, Management
Any dispute to this statement must be made by written request and mailed to (fill in your address).
A rant does not qualify as a dispute. They must cite specific charges and why they were not legitimate.
I would send one more notice with "FINAL NOTICE" in red at the top and give them 30 days to square up, and if not received, I would turn it over to our debt collectors and not worry about it one more minute.
SecurityDeposit Bebuttal (by Jim in O C [CA]) Posted on: Dec 3, 2018 6:02 PM
I usually wait to hear from the tenant legally which usually never happens. In my accounting I provide about 10% of my before and after pictures. On my last trip to small claims court the judge awarded my total request and reminded the tenant that I could have got more if I had asked for it. The "key" is the before pictures because most tenants totally forget the original condition. Good luck. --99.23.xxx.x
SecurityDeposit Bebuttal (by Hoosier [IN]) Posted on: Dec 3, 2018 8:51 PM
I agree with Richard --99.92.xxx.xxx
SecurityDeposit Bebuttal (by Still Learning [NH]) Posted on: Dec 4, 2018 3:55 AM
You are organized and follow the laws. Donít cave to a rant. It sounds to me less likely they expect money back or will Sue you but more likely they are trying to get out of paying you what they owe. --24.61.xxx.xx
SecurityDeposit Bebuttal (by John... [MI]) Posted on: Dec 4, 2018 6:01 AM
Note that some of this is very state-specific, so be careful about answers.
In my state, for example, if I send the final accounting and they write back that they disagree and won't pay it, I either have to choose to let it go and NOT collect or I MUST sue them for it. There is no option to just wait it out, but keep the debt (at least, not legally). It wouldn't be allowed, for example, for me to follow through with what Sid suggests and report the debt to a credit agency or collector -- because I didn't follow through with my part after they stated that they thought the debt was incorrect.
So, just be sure to double-check state laws for where you go from here. Some of us have weird and/or poorly written state laws to worry about once that person says that they disagree with your accounting (rant or otherwise). :)
SecurityDeposit Bebuttal (by Mike45 [NV]) Posted on: Dec 4, 2018 10:54 AM
You have to decide if it is worth your time and money to chase after the ex-T for the money they owe you.
Monetary cost to you of pursuing it: Filing fee for your lawsuit, cost of service of process (and maybe a skip-trace cost to find them), cost of printing up three copies of your photos (before and after), Cost of going to court. If you are an LLC or corporation, do you need to hire an attorney to represent it in court?
How much do they owe you? How easy will it be to collect the judgment that the judge awards? Can you garnish?
I often do not chase after the ex-tenants. Most of the time, it depends on whether I will be able to garnish.
SecurityDeposit Bebuttal (by plenty [MO]) Posted on: Dec 4, 2018 5:50 PM
Thanks everyone for your replies. I will weigh carefully all suggestions. First i will see what move in pictures i have. They were four year residents and i did have some technology losses of information in that time. Anyone else have something to share? --99.203.xx.xx
SecurityDeposit Bebuttal (by Robin [WI]) Posted on: Dec 4, 2018 7:08 PM
When I send a SD accounting, I always ask myself, could I substantiate this in front of a judge? If the answer is "no," then I don't charge for it.
I also don't include any evidence in the accounting. If they dispute it and we end up in court, then I'll provide the evidence. I don't want anything weird to happen, and with Photoshop they could tamper with my evidence and then claim that I was the one who photoshopped in the damage!
I do weigh the value of pursuing the claim in court. I start incurring costs to chase the debt as soon as I file. If it's only a couple hundred and they were a good long-term tenant, I let it slide. --65.28.xxx.xx
SecurityDeposit Bebuttal (by plenty [MO]) Posted on: Dec 5, 2018 5:33 AM
Thanks Robin... i also ask myself those questions. Not sure i should reply to and if so how to word it as not to defend myself but just facts; adressing each of his rants; politely and professionally. Or just forget about it, no response, no pursing payment. They are both highly collectable and are now homeowners in same county as rental. I'll give it another daybof thought. Maybe type a response and sit on it another day --99.203.xx.xx
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