Fellow Landlords, Have You Dealt with a Situation Like This? What Do You Think Might Happen?

I’m dealing with a former tenant who is unhappy about the deductions from her security deposit and is now claiming I returned it late. I want to see if anyone has experienced something similar and what you think might happen if she takes this to court.

Here’s the situation:

• On November 30th, my tenant informed me that she would be vacating on December 27th.

• Technically, notice should have been given by December 1st for a full 30-day notice, but since she told me a day early, I accepted it with the understanding that she was still responsible for paying December’s full rent, which she did.

• She chose to move out on December 27th, but as I understand it, she was still responsible for the unit until December 31st since she had paid for the entire month.

• We did a move-out inspection together (with a witness), and I documented everything with photos, videos, and audio recordings.

• There was significant damage beyond normal wear and tear, including:

• Toys flushed down the toilet and stuck in the tub drain, requiring a plumber.

• A broken kitchen faucet that had to be replaced.

• A damaged refrigerator drawer ($157 replacement cost).

• Writing on walls, doors, and cabinets that required repainting.

• A hole in a closet door that had to be replaced.

• Broken kitchen cabinet drawer frames.

• Her security deposit was $3,000, and I provided a detailed statement showing that $2,000 was deducted for repairs, cleaning, and replacements.

• She initially had no issue with the timeline when I informed her of when I’d be sending the deposit. However, after receiving it, she claimed she was overcharged and that I returned it two days late (I mailed it on January 28th, and she believes the deadline was January 26th).

• She only provided a temporary address at move-out (not a permanent forwarding address).

• Connecticut law states that tenants must submit a written request for the return of the security deposit, which she never did.

Now, she’s implying she may take me to court, saying I was late and that some deductions were unfair. My questions for you all:

1. Has anyone dealt with a tenant making a big deal over a minor delay in returning the deposit?

2. Does the fact that she only provided a temporary address and never made a formal written request affect the 30-day deadline?

3. If she cashes the check, can she still take me to court?

4. What’s the worst that could happen if this goes to small claims court? Would a judge really penalize me for being just two days late?

There is a law a landlord can be charged fo

Double the security amount for sending security within 30 days or does not provide a statement

Would love to hear your thoughts and experiences!

Disclaimer: I'm not an attorney so this is just based on personal experience.

I have dealt with all the rest except for the late return of the deposit. Your reasoning in court is that due to the extent of the damage you did not have a reasonable expectation that there would be any remaining deposit.

In my case I would have provided a written estimate within the timeline. After completion I would have mailed the final statement and any remaining balance.

In the one case where I kept the full deposit and then was taken to court I filed a counter claim with more damages. There really was more damage than the deposit could remedy but I usually let it go because of the time involved.

Sharon,

Did you notify her of the Deposit Settlement in writing and b certified mail to prove dates?

I take a TON of photos of the damage and copy/paste them onto a WORD document (set for 2 columns), with before and after side by side an a price on each repair. People will argue about the big total but seldom argue and the individual prices.

Your total sounds low for the list. We charge $70 per hour. My lease is clear: a full page list, 2 columns of Standard Cleaning and repair Costs so I don't need receipts and bills. $350 to repaint, etc.

My goal is to overwhelhm them with evidence so when they talk to a lawyer he says "You don't have a case."

My motto: Can't be RIGHT and RICH.

Be willing to give a little to settle and get this behind you without court, atty fees etc. I recently knocked $50 off a $3000 claim and the guy agreed.

Some people get even madder if we don't respond. Stay calm and businesslike, Ask her what she thinks is fair. Some people just want to be heard.

Let us know what happens.

BRAD

BRAD

Years ago, I was the first to present California's new deposit reform on the Mr. Landlord platform, and everyone said I was crazy, did not know a thing about the subject and they never heard of such a thing! Then the next month, California State, Los Angeles Housings and other published the way Landlord and tenants had to deal with "Deposits". Here are the facts:

A tenant gives a landlord notice that they plan to move out. We, the landlords, request the notice to be in writing. Later it was okay for the tenant to send the notice via text message or email.

Then two weeks before the tenant schedule move out, we "ask" the tenant if they want to be present during a "Pre Move Out Inspection". Regardless of what our tenant prefers, we document the conversation in a short text message. Such as, "Grace from unit 2 in my Fairfax apartment building will be unable to attend a pre-move-out inspection on January 15th, but has given permission for me to enter, take notes and pictures".

Then we post the 24 hour notice to enter. We conduct in inspection, taking pictures. Her is the most common deposit deductions:

1) The Wall-to-Wall carpeting in less than 3 years old and is dirty. Has not been vacuumed or cleaned on a regular basis. If the tenant wants, they can rent a vacuum and Rug Doctor from the local Ralph's market 3 blocks away and for under $50, vacuum and shampoo the carpeting. If not, I will hire Joe's Carpet Cleaning Service and for $250, they will clean the carpet.

This give your tenant a change to save $200 on the carpet cleaning.

Then after the tenant moves out. You meet with them again to get the keys and do the final inspection. Documenting hidden things you couldn't see due to the tenants furniture.

Then you have 22 days to present to your tenant an itemized list, with receipts, if the deductions is over $100. (Some say $180). With out receipts or estimates you many NOT make any deduction if it's your labor. And you must send the check within the 22 day period.

In my case, I had pictures during the Pre-move-out inspection. I have the letter telling my tenant how to save money and get things done themselves. I had estimates. Then the paid invoices -- all with pictures.

WARNING I tell all of my tenants NOT TO REMOVE NAILS OR SPACKLE over the holes. Since I am a professional and licensed contractor, and I have the correct paint, I can remove nails making very little damage, fill the holes with a special that won't make a mess. Clean, smooth, prime an paint each hold so the entire wall doesn't have to be repainted.

My attorney tenant pulled out the nails at the wrong angle. Use the wrong spackel, didn't prime and painted with the wrong color. So the entire 2000 square foot house had to repainted. So I sued for the $3,500 cost. They thought they were going to get $2,000 back.

What does your state law say about the return of your deposit? In PA an itemization of deductions is due back within 30 days of the date the property was turned over.

Failure to do so allows the former tenant three times the deposit without allowing the landlord to make any deductions. So if your state has a similar standard, and you missed that deadline, a little compassion goes along way.

Since I'm not familiar with CT LL / tenant law, I'm basing my response on MA which is at least if not stricter than CT & common sense.

As I read your post, I noticed the following:

1. Even though she let you know before 12/01/2024 that December would be her last month that's fine in my State

2. I rent by the month not the day. In MA she would be responsible for rent through 12/31/2024& not 30 days from when she gave her notice.

3, Her failure to give a proper new address means nothing as you could have always sent it to her last known address

which would have been your unit. So, IMO as long as you sent it to whatever address, she gave & you at least have proof of mailing it shouldn't be an issue.

4. You don't mention who did these repairs & if you have & included their bills in your accounting to her.

5. As far as the double the SD if not sent in 30 days as long as you can prove when you sent it & CT doesn't require it to be received in 30 days you should be fine with that. FYI in MA if you improperly handle a SD, it's an automatic treble damages if you end up before a judge.

6. As far as her not giving you a written request for the return of her SD, I doubt that that would hold much weight in front of a judge especially since you acknowledged that she made a verbal request for move out & for her SD.

Whether you're actually right or wrong it still costs time & money to go to court. If you've looked over CT SD laws, rules & regulations & believe that you are in full compliance with them forget about her threats. However, keep in mind that she could still take you to court & make you spend money (especially if you have to hire a lawyer) to prove that you did everything correctly.

99 times out of 100 a tenant "indicates" they are going to sue you, it's a bluff. They've watched way too many TV shows where someone threatens to call their lawyer (which they don't have) and getting their way with a bully tactic.

Here's how I respond to that. "Don't worry about calling him. Give me his name and phone number and I'll call him right now."

In 20 years of LLing, no one has ever given me a name or a phone number. Why? Because they are lying, and I called them out on it.

Hopefully, you followed the correct processes for your state LL/T laws regarding the deposit. If you did, then she can sue you (if she can find you... hope she doesn't have your home address on file) and then she will lose and you can make her responsible for the costs to defend yourself from her frivolous suit.

A tip for the future: I never communicate with tenants about the security deposit after they've moved out. What is there to say that will benefit me as the landlord? Communication invites arguments. So I block all communication if they try to ask for updates about when it's being mailed or if they don't like what I charged. No emails, no calls, no text messages. I do things by the book so I know there's nothing to debate or discuss. If they disagree, they can find me and sue me. But as stated before, they never do. They're bullies looking for an easy payday.

To summarize, I provided the tenant with a complete statement of expenses and sent it via priority mail, with proof from the post office. Throughout the process, I kept in contact with her via text, informing her when the package was sent and when she should expect to receive it. She had no objections at the time.

The tenant left on December 27th, even though she had paid for the full month through December 31st. Leaving early was entirely her choice, and she never requested a refund for those extra days.

I mailed her security deposit return on January 28th. During the move-out process, I took a full video with voice commentary, where I clearly pointed out the damages she was responsible for. In the video, she acknowledged the issues, verbally agreed, and showed no objections at the time.

When she moved in, she was provided with a list of potential charges, and I reminded her of this again during the move-out process. I also gave her the opportunity to clean and fix things before moving out to avoid deductions. However, during our walk-through on December 26th, I pointed out areas that needed cleaning or repairs. She claimed she would take care of them, but she did not, so I deducted the necessary amounts from her deposit.

Regarding the 30-day deadline for returning the deposit, I initially assumed the timeline started from December 31st, making January 31st the deadline. However, I sent it out on January 28th, which I believed was within the legal timeframe.

After receiving her deposit statement, she contacted me with complaints about some deductions, including large gouges in the hallway (which she denied responsibility for) and a $20 charge for cleaning a filthy freezer gasket. To resolve the matter, I offered to refund her $80, but she never responded.

At this point, I don’t plan to dwell on this any further, as it’s causing unnecessary stress. In all my years as a landlord, I’ve never let situations like this get to me, and I don’t intend to start now.

Sid, I have had tenants in court threaten to sue me. Once the judge said that the deadbeat should have filed a countersuit before the day of court to save her time and money.

Instead she said she was going to sue the judge for not telling her that.

Bwah ha ha, judges aren't supposed to practice law on the bench just interpret it.

Wonder if she thinks about that after she lost and I was granted all I asked for?

I was taken to court only one time by an ex-tenant. He moved out on his own but didn't give the full 30 days notice. I returned his deposit minus a week of rent. (I do not do that now, it's the full month)

I was served at my house (that has changed as well) and went to court. I was very nervous as this was my first court appearance. Ex-Tenant provided pictures of the stuff in the detached garage and a list of costs for painting a room.

Lease said garage was off limits and that any updating to the property required permission and became the property with no costs to me.

If you think about it, you can't interpret the deadline any other way than you are. For example, let's say she gave notice November 15 for a December 31 moveout (a 75 days notice). Would she expect her security deposit to be refunded December 15 before she moved out? I don't think so.

You rented based on periodic schedule of one month. She gave 33 days notice which is fine, only 30 is required (my lease says AT LEAST 30 days notice, more is better). In most states the statute is written that you must resolve the security deposit within 30 days OF THE COMPLETION OF THE CONTRACT which would be as you said January 31. The judge will know this.

This is the latest text from tenant

I reached out for legal advice and my lawyer advised me to reach out to you once more to try to correct this. Based off of my videos and pictures with time stamps I was definitely over charged especially for the painting that was done especially when I also have the walk thru recorded she you clearly state I would not be charged for what you ended up charging me for and the lies of “large holes in the hallway” which there were not and I again, have videos with time stamps and pictures. If you are not willing to send me back in check form of what I was falsely charged for. I will move forward with the legal aspect. And I don’t care how much that costs me. It’s about the principle. You don’t lie to not have to return deposits.

I was a good tenant and barely bothered you guys. I should’ve complained more because some of those charges were from that apartment not being fully taken care of before my move in, as I have also been in contact with the previous tenant. If I do not receive a money order by Friday 2/7/25. I’m moving forward with the legal action and all of my VALID TIME STAMPED PROOF..

That's a tough call. I am an LLC so I must provide legal counsel.

I guess if I knew I was going to win I would counter sue for my lawyer's fees.

Then again I would not want to pay extortion money. Better to be broke and happy I guess.

Sharon,

Didn't know if you were aware that no longer do we have 30 days to return deposits in CT, it's now 21 days!!

As of October 1, 2023, Connecticut landlords must return residents’ security deposits within 21 days instead of 30 days.

21 days is all you get?

That is crazy.

How does one get in, get a list of what damages need fixed, get materials and then try to get a contractor to get in there to quote and do the work?

Even if you do the work yourself now you have to really jump to get it all done within the timeframe to get them the SD back.

Do they allow quotes? Maybe a contractor quotes you $XXX and then says he will put you on the list. What about shortages in materials?

That is even more insane! Rarely can someone get in and get it done with a bad turnover in that time frame.

How do they do it? Just lots of estimated costs? Pad everything so the tenant gets screwed in the end?