Do I have to keep communicating with ex renter?

[Debra K.]

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]

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.