How do I Acct for dep after tenant breaks lease?

[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

[Kaycee Miller]

You should consider the move out day the 21st via her confirmation that she would be out then. However, you should charge her a prorated rent until the 24th, since that is when she technically vacated the property and removed her belongings.  It sounds like she didn't pay any of October rent, so you should collect a prorated amount for 24 days from her deposit. 

You need to look at your state and local laws specifically about how to communicate the deposit refund and amount due. I would text her that you need a forwarding address to return her deposit. She might give you an address if she thinks she is getting a refund. State laws typically say you have mail a security deposit refund or an account of deductions to a forwarding address, if no forwarding address is provided then the last known address may work (even if it means your property). Keep record of all your texts, as they might be useful if she wants to fight you for her refund. 

Just please find out your state's laws about security deposit refunds. If you don't follow the rules exactly, sometimes a landlord ends up paying the rule breaking tenant more than just the security deposit refund!  Good luck!