Refund of Deposit
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Refund of Deposit (by Alex [GA]) Nov 27, 2023 3:04 PM
       Refund of Deposit (by plenty [MO]) Nov 27, 2023 3:42 PM
       Refund of Deposit (by Moshe [CA]) Nov 27, 2023 4:12 PM
       Refund of Deposit (by Alex [GA]) Nov 27, 2023 4:37 PM
       Refund of Deposit (by Vee [OH]) Nov 27, 2023 4:55 PM
       Refund of Deposit (by S i d [MO]) Nov 27, 2023 5:16 PM
       Refund of Deposit (by plenty [MO]) Nov 27, 2023 5:37 PM
       Refund of Deposit (by plenty [MO]) Nov 27, 2023 5:41 PM
       Refund of Deposit (by plenty [MO]) Nov 27, 2023 5:42 PM
       Refund of Deposit (by Alex [GA]) Nov 27, 2023 7:47 PM
       Refund of Deposit (by BRAD 20,000 [IN]) Nov 27, 2023 7:55 PM
       Refund of Deposit (by Alex [GA]) Nov 27, 2023 8:20 PM
       Refund of Deposit (by plenty [MO]) Nov 27, 2023 9:46 PM
       Refund of Deposit (by plenty [MO]) Nov 27, 2023 9:48 PM
       Refund of Deposit (by Robin [WI]) Nov 27, 2023 10:38 PM
       Refund of Deposit (by Alex [GA]) Nov 27, 2023 11:17 PM
       Refund of Deposit (by Robert,OntarioCanada [ON]) Nov 27, 2023 11:31 PM
       Refund of Deposit (by Alex [GA]) Nov 27, 2023 11:43 PM
       Refund of Deposit (by Alex [GA]) Nov 27, 2023 11:46 PM
       Refund of Deposit (by BRAD 20,000 [IN]) Nov 28, 2023 1:09 AM
       Refund of Deposit (by unb [GA]) Nov 28, 2023 7:10 AM
       Refund of Deposit (by zero [IN]) Nov 28, 2023 8:23 AM
       Refund of Deposit (by plenty [MO]) Nov 28, 2023 8:30 AM
       Refund of Deposit (by Ray-N-Pa [PA]) Nov 28, 2023 9:10 AM
       Refund of Deposit (by Unb [GA]) Nov 28, 2023 9:44 AM

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Refund of Deposit (by Alex [GA]) Posted on: Nov 27, 2023 3:04 PM
Message:

Do I have to send an official letter with deductions from Deposit?

I rented a room in a 3 BR rental property with 3 individuals.(I do not stay there).

I gave a notice to leave to one person and he left. He did not do any move-out inspection and simply walked out. Later I found the room to be too dirty, some things broken, bathroom in a mess and broken shower. On top of cleaning the property, I had to spend on those minor repairs. They all add up and now exceed the deposit amount. I took photos of place.

The guy has been asking me refund of deposit. He texts me everyday. I sent him a text reply detailing all deductions and demanded the money that he owes me. Are text messages enough or do I have to send him an official letter with deductions?

--99.98.xxx.xxx




Refund of Deposit (by plenty [MO]) Posted on: Nov 27, 2023 3:42 PM
Message:

Not in my state. What do your state laws say about deposit returns? --172.59.xxx.xx




Refund of Deposit (by Moshe [CA]) Posted on: Nov 27, 2023 4:12 PM
Message:

You don't say about the circumstances of the deposit. When did he give it to you, and what was the agreement?

Is the deposit separate from any deposit from the other individuals, or are they all together. Are they jointly responsible for conditions, or severally responsible (or both)?

Regardless of if a letter is required in your state or not, it is always a good idea to send a letter specifying exactly what deductions are being made from deposit, keep a copy for yourself, maybe even ask USPS for a certificate of mailing.

--47.139.xx.xxx




Refund of Deposit (by Alex [GA]) Posted on: Nov 27, 2023 4:37 PM
Message:

State law says the deposit must be refunded within 30 days of moving out else Landlord owes twice of the deposit.

The deposit is given by that individual separately and it was his share of deposit. No one is jointly responsible.

I detailed all deductions in text messages and now he owes me money. Now that 30 days have passed, he sent me demand letter. --99.98.xxx.xxx




Refund of Deposit (by Vee [OH]) Posted on: Nov 27, 2023 4:55 PM
Message:

Alex, you need to visit some landlord activities in your area to learn more about local/state rules, Maybe a GA owner will stop in but you need local details about tenant rules before refilling your unit under false pretenses. In FL and OH where I am now you must prepare an accounting statement even if you return the whole amount or in this case line by line items and the cost of remediating damage and cleaning to return the unit to move-in condition, I keep the photos until court so the judge can observe them and ask the tenant if this is the condition she/he left the unit in at move-out. if the accounting statement is skipped because of negligent management the owner is penalized double the value of the deposit. The same applies if you hire a manager, owner is always responsible for knowing the law.Where you are now you will prolly have to get the tenant into small clasims court to get an award to garnish wages for repayment - all this is part of the life of a businessperson in the housing industry, download your current rules sna dread them backwards then forwards to limit penalties and make your housing profitable- legal fees are the highest wages you will occur. --184.59.xxx.xx




Refund of Deposit (by S i d [MO]) Posted on: Nov 27, 2023 5:16 PM
Message:

I think we have part of the truth here, but not the whole truth.

You said, "State law says the deposit must be refunded within 30 days of moving out else Landlord owes twice of the deposit"

I'm guessing that your law is similar to my state's law, which says that the landlord must send an accounting statement for the deposit to the last known address within 30 days of the end of the lease, and that any amount wrongly withheld must be refunded at double (or triple) that amount.

So the way this works is you write up a ledger that shows the deposit amount, below that list all the deductions, then at the bottom either shows the balance owed or the refund due, then you send that statement along with a check (if there's anything left) or a demand for payment for the amount due.

Failure to send the written accounting statement as required may also be grounds of the tenant to claim damages in court, unless you provided and estimate of charges but for a reasonable scenario you could not complete all repairs in a timely manner, in which case you'd possibly be able to request and extension. But this is assuming the tenant 1) Finds you 2) Sues you and 3) Gets you personally served notice of the court hearing.

Bottom line: if you didn't follow the laws correctly, now is a good time to negotiate outside of court to avoid the hassle and expenses of fighting it out in front of a judge with an unknown outcome. Perhaps agree to split the damages/cleaning bill 50/50. Get it in writing and signed by both parties.

For next time...

Step 1: Need to learn your state laws on security deposits and follow them. Most states have their laws online that you can look up and refer to.

Step 2: Be sure to share the whole story so we know how to best advise.

Good luck!

--184.4.xx.xx




Refund of Deposit (by plenty [MO]) Posted on: Nov 27, 2023 5:37 PM
Message:

Then I think I would reply with a screen shot if the text sent and stick by that. My state specific states how and text would not be acceptable. --172.59.xxx.xxx




Refund of Deposit (by plenty [MO]) Posted on: Nov 27, 2023 5:41 PM
Message:

And I would ask him what else he wants from you? Stop repeating he owns you money. If you do get taken to court for this show your proof you informed him (via text) hopefully within the 30 days and that you responded to his requests... Did he reply to you via text? And I'd let him cook his own golden goose --172.59.xxx.xxx




Refund of Deposit (by plenty [MO]) Posted on: Nov 27, 2023 5:42 PM
Message:

Demand letter... Written via mail. Respond letter via mail. Include your evidence --172.59.xxx.xxx




Refund of Deposit (by Alex [GA]) Posted on: Nov 27, 2023 7:47 PM
Message:

Thanks everyone.

I have been sending him text messages within few days after he moved out. He had been replying to my text messages and challenged my deductions. I sent him the details of every deductions as and when I incurred through phone texts. Now he owes me money. All this happened within 30 days.

Now we are out of 30 days and he sent me demand letter to pay within 7 days.

Are text messages and email not considered as proof of communication? --99.98.xxx.xxx




Refund of Deposit (by BRAD 20,000 [IN]) Posted on: Nov 27, 2023 7:55 PM
Message:

Alex,

Sounds like he consulted an atty.

If this is just a room, cleaning is easy and he’ll argue he cleaned it.

Work this out NOW to avoid court. You did not send his written settlement by certified mail. You could easily lose and have to pay the filing fees and HIS atty.

BRAD --73.103.xxx.xxx




Refund of Deposit (by Alex [GA]) Posted on: Nov 27, 2023 8:20 PM
Message:

Yes, cleaning is easy but not in this case. I had to repaint the whole room as there are marks that cannot be seen in photos. Plus he had damaged bathroom fittings that cannot be seen in photos. He may be knowing law because someone in his family used to be landlord at one time. --99.98.xxx.xxx




Refund of Deposit (by plenty [MO]) Posted on: Nov 27, 2023 9:46 PM
Message:

So did you reduce or remove any expenses or cost when he challenged the list? --172.59.xxx.xx




Refund of Deposit (by plenty [MO]) Posted on: Nov 27, 2023 9:48 PM
Message:

What kind of damage to bathroom fixtures that could not be seem in a photo? --172.59.xxx.xx




Refund of Deposit (by Robin [WI]) Posted on: Nov 27, 2023 10:38 PM
Message:

What are the laws in your state about HOW the SD accounting needs to be sent?

In my state, if they don't provide a forwarding address, you're off the hook.

That said, I always send one anyway. Certified mail, and to the last known address (my property, if they don't provide a forwarding address). I'm currently being sued by a tenant who is claiming all sorts of baloney, including that I didn't send the SD accounting. It will give me great pleasure to produce that certified mail receipt in court, if her lawyer insists on pursuing the case. You never know when the wolf will turn on you! --65.28.xxx.xxx




Refund of Deposit (by Alex [GA]) Posted on: Nov 27, 2023 11:17 PM
Message:

I am not reducing or adjusting any of my expenses just because he is challenging. My expenses stay as I spent and as I detailed to him in Text messages. This is even after he has sent me a Demand Letter for Security Deposit.

The faucet was tampered & kicked resulting in water dripping. The shower door was kicked and was just placed to rest. It came off moment I touched.

I have no problem in sending the same information in Certified Mail. But in principle, I have detailed and sent him all the deductions. He had been disputing my Text messages, so in other words, he did receive the messages.

So is that going to be a crime if I had not sent a Certified Mail to his last known address (my property) when he never gave me a forwarding address? In this age, are we still hung-up on Certified Mail when the message was clearly sent and accepted through electronic media? --99.98.xxx.xxx




Refund of Deposit (by Robert,OntarioCanada [ON]) Posted on: Nov 27, 2023 11:31 PM
Message:

Take pictures then keep broken things in case it goes to court. Removing trash then going to the dump is a expense. Explain that the deposit is a cleaning and damage deposit where wilful damage was done along with major cleaning was required where it was left as pigsty. Itemize all the costs of what was required to be replaced along keep all the bills in case it goes to court. --207.236.xxx.xxx




Refund of Deposit (by Alex [GA]) Posted on: Nov 27, 2023 11:43 PM
Message:

Thanks Robert.

All of my expenses were labor. I did not have to buy new material and could use spares in my garage, like mud patch, soap, vinegar, extra flapper and flush valve etc.

When the faucet was leaky, we had to open the valve, put it back in place and tighten with Channel Locks.

When the shower door came off then we had to realign it on tracks and tighten the screws. Most of these items would look nice in his photos but not necessarily they were working as expected.

Plus I had to get rid-off trash and unwanted junk items he had left in garage. I have to pay someone to take those items. --99.98.xxx.xxx




Refund of Deposit (by Alex [GA]) Posted on: Nov 27, 2023 11:46 PM
Message:

I am not sure Judge will penalize me severally for using electronic communication and not using Certified Mail (within 30 days). If the Judge does that then I will end-up in loss though I had spent his deposit in restoring my property. --99.98.xxx.xxx




Refund of Deposit (by BRAD 20,000 [IN]) Posted on: Nov 28, 2023 1:09 AM
Message:

Alex,

Each of your posts shows me more and more that you do not know how this works, which means you will lose in court.

Law and court are not based on logic or who was right or wrong.

Learn this about business: Wanna be RIGHT or RICH?

How much money are we talking about?

Give up a few hundred to save yourself a few thousand. He will win and the judge will make you pay his atty. THAT is how court works.

BRAD --174.218.xxx.xxx




Refund of Deposit (by unb [GA]) Posted on: Nov 28, 2023 7:10 AM
Message:

Alex I've been following you and your rental business. Several times I've posted GA guidelines. My take and apparently others also. YOU don't have a clue. frankly have made no effort-- except for coming here --after the horses have left the barn for questions that a LL should know-- or at the least have knowledge of.

Good luck.

My help is this: GA landlord tenant law. 44-7- in code books read it. Read the hand book given tenants published on line so tenants know the rules. --129.222.xx.xx




Refund of Deposit (by zero [IN]) Posted on: Nov 28, 2023 8:23 AM
Message:

I would agree that it sounds like you should try and settle with the guy. You could say that you left the letter at the last known residence instead of mailing it, but not sure if you admitted to not doing that in texts.

Our court will allow texts as extra evidence but we still have to go thru all the old school stuff with regards to the SD.

My state doesn't allow me to charge for my labor either. Sounds like you have more labor than anything in this. What costs did you incur otherwise? Some materials, paid a trash man, lost some rents.

Not following the rules for the SD will come back and bite you. Take this loss for the teaching moment it is. Deduct the materials and rents lost from the SD. Send the rest back to him and see if this ends the story. Stop fighting over texts as well. Block his number after you get a valid mailing addy and get back to reading the laws and regulations for your area.

Maybe a Mr. LL Bootcamp is in order for you. I missed the last one but hope to get in on the next one. --107.147.xx.xxx




Refund of Deposit (by plenty [MO]) Posted on: Nov 28, 2023 8:30 AM
Message:

You seem solely planted in your position. If I were the judge reviewing you'd be refunding the dude twice the deposit. And this is my last post in trying to understand your position as now I understand. I'd award the guy twice his deposit back, if I was the judge. --172.59.xxx.xxx




Refund of Deposit (by Ray-N-Pa [PA]) Posted on: Nov 28, 2023 9:10 AM
Message:

Alex,

Do you like to work? Given a choice, I prefer not to work. What does that mean? Well, in a perfect world you would be able to give 100% of the deposit back and the unit would be returned in perfect shape.

You are saying that it isn't being returned that way. So I am inclined to believe that the tenants has 1) too much money or 2) not been instructed clearly enough to know what is expected out of them.

Since he is asking for his/her money back, number one is ruled out. So I would be looking at improving your move in orientation process. --24.101.xxx.xxx




Refund of Deposit (by Unb [GA]) Posted on: Nov 28, 2023 9:44 AM
Message:

Ga penalty is 3 xs the amount with held. --129.222.xx.xxx



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