I had a headache of a tenant move out recently. They didn’t provide a forwarding address, so I sent the refund back to their last known address as one would.

They emailed me a week later asking about it and if I’d returned it yet. I let them know it was on the way, yada yada.

Now, two weeks later, they email me again letting me know that they still haven’t received it and now they give me their forwarding address, which is out of state (like i can do anything about it now). I’m guessing they didn’t change their address with the post office.

If it gets returned to me, what would you do:

A. Re-send the disbursement to the provided address (after taking out an additional processing fee)

B. Keep the returned envelope unopened in their file and stop responding to them. (And cancel the check)

C. Something else?

While you may have followed your state laws regarding the return of the security deposit, i would not want to go into court with a case where tenant eventually provided an updated address and I did not return the deposit.

The challenge is not getting caught up in any deadlines. If you are still within the prescribed timeline to return deposits, i would mail it (either certified or with proof of mailing) to the new address.

If it is past the deadline for returning the deposit...i think I would required a notarized statement from the tenant indicating that he did not provide an updated address until XXXX date and understands that you followed state laws in returning the security deposit to the only address you had. If he provided XXX NOTARIZED statement, i would then forward him the security deposit.

Again if after security deposit return deadline I would definitely want a paper trail that tenant failed to provide new address. i would not be comfortable doing nothing. Also I would save the unopened retuned envelope with the security deposit, if you go to court that can be very valuable.

If you owe the deposit return, you owe the deposit return.

FWIW, if I am returning actual money and not just an accounting of damages with no refund, and I have their email or text #, I will email or text them and ask for the forwarding address so I can return their deposit. I ask for that about 2 weeks after departure if they don't give it on their own.

I don't SEND the money until the very last possible moment if they've been less than stellar because I can be petty like that, but I get their address up front. Why not?

Jason,

Keep it simple and be patient. Step by step.

Document that you sent it, document when they provided the new address.

Check the tracking on what you sent.

Wait for it to be forwarded. That can take 30? days.

IF it comes back to you keep the envelope as evidence but remove the check and Settlement form or re-write it and mail it to the new address.

Overall we send them as soon as possible to avoid any problems with the deadline. I had a situation once where the deadline was on a Monday. No prob. Except it was a federal holiday!

I don’t feel like paying $24 to cancel a check because of their problem PLUS they could force a legal challenge because you cancelled their check. AND canceling a check does not always work. My bank had some lame excuse like it’s only good for 5 days or such.

I had a tenant who was the worst procrastinator in the world. When asked to provide a new address where I could send their "Deposit Refund" I got no response.

So after doing the math and making copies of the receipts for repairs, I composed a letter and wrote out a deposit refund check. I then walked to my local UPS store.

The owner of the UPS store is also a licensed Notary. He took my refund letter and check, made a copy and placed the originals into an envelop addressed to the tenants last known address, my rental. He added the postage and sent the refund letter with a tracking number. He then issued me a receipt and a notarized letter saying he put the refund check in an envelope and mailed it. Now I have a copy, receipt and tracking number.

I would wait for the envelope you sent them to return to you (not forever but 30ish days). Then, I'd keep that envelope unopened. I'd write a new check (so I don't hae to spend $30 or whatever to stop payment and reconfigure the new refund), run off another copy of the letter and send it with proof of mailing to the new address.

Check your state laws. CA LAW SPECIFIES that if no forwarding address is provided, then security deposit is to be sent to address of property not later than 21 days after vacation. If LL follows the law, then he is released from responsibility. It is thus useful for LL to obtain mailing receipt to provide proof of mailing and date.