security deposit deductions letter

[Linda Thomas]

Hi there.,

Two tenants on the lease. Tenant 1 moved out. Tenant 2 stays. 5 months goes by to come to find out that now tenant 2 moved out without our knowledge and let squatters move in.. had to file for eviction, got them out finally. Over 4k in damages, utilities, past due rent, court fees, tons of trash, holes in walls, pee everywhere, etc. 

Now, tenant 1 texted me asking when he was going to get the sec dep back. I explained the process and how I have 30 days to either send check or itemized letter with deductions. Tenant then proceeded to provide me with his new address and another address for tenant 2. 

Question. 

do you send the itemized letter certified mail to both of the new addresses he gave me? Or to just his since I have not had any communication with the other tenant that was on the lease? How do I know this other address is even valid? Or if they split up etc?

do I also send a copy for the sec Dep letter to the rental ? 

Cover my basis and send to the rental and the 2 addresses the one tenant provided via text? 

How would you handle this? best way possible? 

thank you!

[Nathan Gesner]

Quote from @Linda Thomas:

1. Tenant 1 moved out five months ago. He has no legal rights to the property or the deposit because it belongs to the legal occupants of the rental. If he feels he still has rights to the rental and the deposit, then that also means he has responsibilities for the damage and is subject to charges. See how he likes those apples.

2. Tenant #2 was technically the legal occupant and is responsible for the damages. I would send them a bill now, not 30 days from now, outlining the charges, even if they are just estimates. You'll never see a dime of it, but it meets your legal obligation.

3. Learn how to manage better. Don't even leave anything open for interpretation. When a tenant leaves, you document that they are gone, who remains, everyone's rights and responsibilities, how the lease will proceed, etc. By creating a process, you can prevent these issues from taking place and save yourself a lot of time, trouble, and money.