Tenant broke lease, 30 days to acct for deposit?

[Jon S.]

Background: Tenant broke 1 year lease, which would have ended Dec 9th. She had some late fees accruing and didn't pay October 10th rent, and let me know Oct 12 by text that she was breaking the lease but wanted to stay tilll the end of Oct. I served 3 day notice to pay or leave, and on Oct 21 she confirmed on Oct 21 that she would be out and done moving on same day. When she left, she left her own (unapproved) deadbolt on the door without giving me a key. After repeated attempts to gain her cooperation to drop off the deadbolt key, but getting excuses from her on getting the deadbolt key, and yet having her text that she was out on the 21st, my maint crew gained access Oct 24th through an unlocked window, and changed the locks. The apt was empty and. Lean except two grocery bags of belongings, a mattress, and she left broken furniture on curb. Later on the 24th she came and picked up 2 grocery bags of belongings, but left the mattress and box springs on the floor and texted that she didn't want it. Our maint crew hauled off the mattress and a broken dresser drawer that she left at the curb. Then they proceeded to paint the unit. It only needed touch up but the prior paint was flat and it was advised that I repaint with semigloss to avoid similar wall paint cleaning issues in future. The apt was left relatively clean but still will require a light cleaning service to be ready for next tenant. On what date do I owe her an amount due letter in regards to her $950 deposit? Is it a specific form? Does anyone have a sample letter? Can I provide letter via text message as that's the only means of communicating with her? What can I charge her for? I don't currently intend to go after the money she owes but should I include all owed money in the letter? Thank you

[Jeff Sheraton]

Hi John, it would definitely be best to check with an attorney or someone who does business in your area. 

I charge tenants rent until they are done removing their belongings and the key is turned over.  If they or their stuff is still using the property they get to pay for it.  I then charge them for the damages (including the cost to remove anything they left) and unpaid rent.  You may also be able to charge them for additional time until the unit is rented again because she broke the lease.  

A letter should be sent with proof of mailing.  This is a good business practice because if there is every any question you can prove you sent the letter.  In DE it is the tenants responsibility to provide a forwarding address, if they don't the letter gets sent to the rental.  If the tenant doesn't give you a new address send the letter with address service requested.  If you can get their new address you can use it to sue them for any extra damages (if you wish).