Can I look at it as a refusal for the security deposit return?

[Mary Jay]

 I received this text from the past tenant:

"I lost my job today but if you need that money more than me then you can shove it up your f-ing ***..."

Can use this as a refusal by the tenant for the security deposit?

If the tenant decides to go to court over the security deposit, I feel like I could use his text as a proof that the tenant voluntarily refused the security deposit. Am I right?

(When the tenant moved out, the carpets were in a bad shape so I had to clean it twice. A year ago when the tenant just moved it there was a leak so the construction people had to take out the cabinets to fix it but the tenant would not let them leave the cabinets inside the house and made them to keep the cabinets in the backyard outside, which obviously damaged the cabinets. So I was not planning on returning the security deposit anyway)...I feel like his text message just will make my case stronger if it comes to court, correct?

[Richard F.]

Aloha,

What do local LL/Tenant laws require with regard to return of deposit? What is the penalty for NOT making a good faith effort to fulfill those requirements?

Typically you should have documentation (photos and written checklist) of the move IN condition, signed by the Tenant. You should have similar documentation of the conditions at move out for comparison. You also cannot generally just pick an arbitrary amount to deduct from SD...you need actual paid invoices for materials, and/or third party estimates. Judges rarely place any value on your personal hours spent with turnover repairs. There is usually a specific timeline for providing an accounting of any deductions, which you need to send to the Tenant. If they did not provide forwarding info, send it to their "last known" which would be the rental. When it arrives, keep it, unopened, in your Tenant file in case you need proof later that you did make that good faith effort.

If you/your contractor left cabinets outside in the elements unprotected, that would be your choice, not Tenant fault, and certainly no grounds for deduction a year later. Managing Rentals is a business, you need to start treating it as such, and take the emotions out of it.