Property Manager Questions

[Keith Hamilton]

Hello Bigger Pockets,

My wife and I entered the rental market approximately two years ago and now are experiencing our first eviction.  The tenants have been officially removed from the property for two weeks but we have not received an itemized list deficiencies from our property manager necessary for the security deposit resolution.  There is damage that goes beyond normal wear and tear but the property manager recently informed us that they would have to keep most of the security deposit due to stop payment order issued by the tenants over a month after it had cleared.  Can they do this?  The contract states that the security deposit can only be used to cover damages to the property outside of normal wear and tear.

We would also like to know if we are entitled to see the background check of the tenants.  The contract states that a background check would be done including a criminal check.  A quick Google check revealed that the tenants had lengthy records including bank fraud and identity theft.  Now that our home has been damaged, I would like to know if the property manager could be held liable for damages due to an incomplete background check?