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Updated over 1 year ago on . Most recent reply

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295
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Burt L.
  • Real Estate Investor
  • Steamboat, CO
34
Votes |
295
Posts

My Obligation To Help Tenants Serve Me Papers When Unhappy With $ of Deposit Returned

Burt L.
  • Real Estate Investor
  • Steamboat, CO
Posted

I've stayed out of courtrooms for the past five years but it appears I have two that will be going nearly back to back. 

Had a pair of tenants that I allowed to have a second cat and kept two litter boxes on the carpeting, with obvious results as well as drilling over 60 holes in walls for anchoring bolts when only small nails permitted, and other things. 

I've received emails and texts that if I don't respond to them by x date, they are "going to take me to court".  They say they will admit to $130 in damages and no more, otherwise. The actual damages exceeded the entire security deposit and I can pursue that but have little chance of recovering the deficit. I have receipts, pictures, etc. 

I've not responded to them and the deadline they've given me has nearly passed. I don't see any reason to help them serve me papers. My UPS mailbox has always been the address I've listed. I hold the property in an LLC and they may eventually realize all they have to do is serve the registered agent, but I don't feel that I need to help them figure this all out. They have also moved across country, though I believe persons can appear in court remotely, now.

The lease also states I can report financial matters to credit agencies, and I believe a deficit in security deposits would qualify but I'm sure I'd never recover the deficit, even with a judgement for it. 

Do I need to help them serve me papers for any reason?  Thank you. 

Most Popular Reply

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16,433
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Ned Carey
Pro Member
  • Investor
  • Baltimore, MD
12,718
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16,433
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Ned Carey
Pro Member
  • Investor
  • Baltimore, MD
ModeratorReplied

@Burt L. if I understand you corectly, you absolutley complied with the law What you mised by one day was a contractual obligation. hard for them to do anythig about that because they have no loses due to your one day delay. 

back to what @John Underwood said, most people who threten to sue, rarely do. 

  • Ned Carey
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