Do I have to keep communicating with ex renter?

Question

Today is 6/26/15 just an fyi and I live in AZ. I have a tenant whose lease was to end on 6/30/15. On 3/22/15 I get an email from my renter that he has left the key on the desk and was moving out as he bought a house. He didn't clean or nothing and left a few things. Pretty much is about all he said. He rents/rented a room off my home that has its own entrance (so no common access to my part). Within about 12 days I cleaned and did repairs, recorded and pictured everything. I emailed him for his current address which he did respond. Then I sent him the remainder of his deposit after deductions were made along with a record of what was deducted. This was sent certified mail on 4/9/15 and no one answered and notice was left on his door to claim in 15 days. Which he did not and it was returned to me. I have added it unopened to his file for proof if he takes me to court. On 4/5/15 I sent him an email which he did not respond to asking him when he wanted to pick up the things he left. From this point on there has be zero communication. Today I get and email from him that would have actually been the reply to my email (4/5) about when he wanted to pick up his stuff. He did not respond on his possessions, but asked when he would be getting his deposit back? My question is this - It is almost 3 months since he moved out or responded to me. Do I have to respond to him? If he would have been a communicative renter and not ditched out on me I would have had no problem responding. But he has not. I do not want to waste my time with this inconsiderate person any more. I know if he takes me to court I am covered as the unopened certified letter contains a check for refund and a itemized list of deductions. Any advice?

Steve Babiak · Answer

The postmark on the envelope is your proof that you adhered to the deadline requirements for timely return of the security deposit. Because it can be double or triple the amount of the deposit if you fail to comply with the deadline. So you are in a quandary because if you give it to the ex-tenant, you lose that proof. If you take the check out of the envelope, the judge (if it comes to that) might say you sent an empty envelope. Neither of those puts you in a good position, so maybe you draft a fresh check for that same amount; you might choose to back date it as well. The deposit belongs to the ex-tenant after all, so do give it to him - but keep your proof intact just in case you need it when you stand in front of a judge.

Steve Combs · Answer

I would check your state landlord tenant laws. In my state property left after 30 days is deemed abandoned. Deposits are another thing. Tenants are entitled to the balance if they don't claim it, it esheats to the state. I would give him what you have and have him sign a release to be done with him.

Max T. · Answer

Yeah, schedule a time with him. Get him to sign a release of possession form before you give back his security. If his items aren't removed you can probably deduct the cost of clearing his unit out from his deposit. Then send the rest to an address of his choosing, certified mail. I'd rather deal with an inconsiderate person 1 more time on my terms than in front of a judge.

William Kyle Walker · Answer

If he skipped out on the lease before expiration keep the deposit. He owes you rent for April, May and June.

Yishi Garrard · Answer

Always check the Arizona Residential Landlord Tenant Act on this type of stuff. I run a property management company and my general manager is constantly referring to it, even on situations that he's dealt with several times before. I suggest printing a copy out and keeping it handy, because it's so handy to have next to you to reference for these types of situations.

Debra K. · Answer

Steve B - you are so right. I appreciate that advice. I will not open the certified letter returned to me and keep it as proof (just in case). I will write him a new check, print up a new list of deductions, give him his stuff but not until he signs the Right to Release of Possession I drafted up. I'm 6 yrs into this room rental thing and for the most part it has gone smooth. But the past 2 yrs I have had some blips in the water. Mine are minor compared to some I read on. Knock on wood. But, your advice made perfect sense. So glad I joined this forum and have gotten some really good advice. Thanks all!!!!

James Wise · Answer

Typically you only need to store his things for 30 days.Check local landlord tenant law to make sure that is the case were you live.

Dana Whicker · Answer

Did he pay for April, May, or June? If not, did you owe him anything anyway? Did your lease cover early termination?

George P. · Answer

that's a tough one. wonder what the rules say if u are allowed to keep all of it if it's unclaimed for this long.. I doubt it. I'd just give him the check and move on. not worth the hassle

Debra K. · Answer

Thanks for the advice Max. The sign a release of possession form is a great idea. Definitely will do that.