No Security Deposit Letter for tenant who never had security dep

[Jason Bilbrey]

So I inherited a tenant to was on a verbal lease with $0 rent and $0 security deposit. I gave them notice and did cash for keys to get them to move our early! So far so good!

Wisconsin requires a landlord return a security deposit in 21 days or send a letter explaining why no deposit will be given. I briefly talked to a lawyer who suggested strongly that I still send a letter to the tenant's last known address (since they declined to give me their forwarding address). He said this would prevent the tenant from later claiming I didn't send a letter and then claiming they are owed a security deposit.

I'm looking for assistance on the wording of this letter. The advice I was given is to say that I believe there is no security deposit and even if there were it would not be returned for reasons x, y, and z. The unit was in pretty bad shape and requires all new flooring, they closed off a closet in one bedroom to make a bigger closet in another bedroom, very messy (not even close to broom swept).

Can anyone help with or have samples of some "no security deposit will be given" letters?

[Mike McCarthy]

@Jason Bilbrey I don’t have a specific letter, but I would just list out the costs after move-out and a total price. Then list security deposit $0.

Send that. I wouldn’t say anything about $0 due, obviously he’s not going to pay and you’re not going to try to collect... just leave it open ended.

If (which it won’t) and up in court, you can easily say that ‘hey, he owes $$$) per the letter.