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Updated about 5 years ago on . Most recent reply
![Sacha LaCoss's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/1551010/1694823511-avatar-sachal4.jpg?twic=v1/output=image/crop=200x200@0x0/cover=128x128&v=2)
Deposit Itemization returned to me by USPS
I sent a tenant their move out deposit itemization within the legal guidelines in New Mexico (30 days) just got a text from the ex-tenant threatening to sue me for 2 times the deposit as she says she did not get it and I better hurry up and send it to her.
As this tenant was a PITA (she doesn’t live there any more as she caused a fire in the unit after trying to get me to just cancel the lease and immediately began demanding her deposit when she left.) I had the post office require her signature on delivery and sent it to the address she emailed me telling me that’s where I should send it to.
A quick look at tracking shows they attempted to deliver it over a 10 day time period and she never picked it up.
She thinks she is getting money back I don’t know why as she left the unit trashed, broken screens, lease required yard work undone, unpaid utility bills ect, ect....itemization shows she owes me $110.xx.
I replied to her text letting her know it was mailed and a screenshot of the USPS tracking and that they show she never picked it up. So far I have not heard back but given her past track record I think I probably will. Looks like the post office is sending me the itemization package Since she didn’t pick it up but I have not gotten it yet.
Do I have to re-send it to her at my expense again? It’s not worth it to me to deal with her anymore for a small amount of money I know I will never see but I don’t want to do anything illegal or that I shouldn’t.
Thank you
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![Nathan Gesner's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/51525/1621411521-avatar-soldat.jpg?twic=v1/output=image/cover=128x128&v=2)
- Real Estate Broker
- Cody, WY
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@Sacha LaCoss you don't need to waste time/money on an attorney until the Tenant initiates legal action. 99% of the time, threats of legal action are just that: threats. It's unlikely this tenant would have the money to take you to court and even if they did, it's unlikely they would have a case.
You met your legal obligation by sending it to the forwarding address provided and within the time required. You are under no obligation to send it again and again. You are also not under any obligation to continue communicating with the Tenant. Let it go. If she attempts to contact you again, ignore it. She will go away.
Just make sure your documentation is in order in case she does come after you. But she won't.
- Nathan Gesner
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