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Updated almost 7 years ago, 03/03/2018
How to handle security deposit logistics of inspection/notices
Hello folks,
I became landlord by chance and this is my first time having to go through giving back a security deposit to a tenant, so please bare with me.
It was physically impossible for me to be present at the final walk through with my tenant.
So I was able to get someone to meet the tenant at the property for the keys and to basically do a quick walk through to makes sure there was nothing major going on or left behind.
In my state, TN, apparently, if the tenant is present for the final walk through then the landlord has to give the tenant right there on the spot a list of damages that would count against their deposit.
But since this list of damages was not compiled during this final walk through, does it mean that I now have to refund the full deposit to the tenant even though there are a few things that I need to count against their deposit?
Here is the code: "At the mutual inspection, a comprehensive listing of ascertainable physical damage, along with a repair cost estimate for each item, should be reduced to writing and signed by both parties. Id. The signatures of the landlord and tenant are conclusive as to the accuracy of the listing, except the tenant may be liable for additional damages found after the inspection."
The code also states that the landlord can discover damages up to 30 days after tenant moves out and that the security deposit must be returned to tenant within 30 days after they moved out.
If I must give them the deposit back due to failure to give them an on the spot checklist of damages. Do I have to first mail the check to them and THEN send them a checklist of damages discovered during the 30 days and just hope they pay me the damages back?
Thing is I won't be able to see the property for at least another 2 weeks to get an accurate list of damages.
What is the order I need to get this done to stay on the up and up ?
Thank you very much for your replies.
Also that tenant can be present for the inspection and the landlord
That the deposit must be returned within 30 days.