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Updated almost 4 years ago on . Most recent reply

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11
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Gigi Smith
6
Votes |
11
Posts

Tenant wants security deposit back after 2 months

Gigi Smith
Posted

Hi everyone,

A few months ago I finally got a problem tenant out (lease expired) and I sent a list of itemized deductions from her security deposit and a check to the address she texted me. It got really nasty after I asked her to move out and she demanded that I send her ENTIRE security deposit to this address:

I was skeptical because, does she even live there..? But I had to follow the law so I sent it (certified) to the address she texted me. The letter was taking an unusually long time to reach her and the tracking number kept saying ‘in transit’ for over 2 weeks. I texted her twice about this, I even gave her the tracking number so she could see for herself. She never responded. Then one day the letter shows up in MY mailbox, with a sticker on the front that says 

Return to sender

Attempted—not known

Unable to forward

Return to sender

There are no spelling mistakes on the name and address I wrote so the only explanation is that whoever lives at that address isn’t her and they refused the letter.

It’s been over a month since I received the letter back. I didn’t open it, just filed it away. Well, she texted me this morning out of the blue and said she still hasn’t received her deposit back and she opened a claim with usps and they told her that is was lost/damaged.

She wants me to send a new one to a different address. My question is..do I? It’s been over two months since she moved out. I had 30 days to send a list of itemized deductions and the rest of her deposit back and I did it within 18 days. The letter was returned to me but I sent it to the address she gave me. Is she even entitled to the deposit at this point? What happens if we go to court? I have the original unopened letter and copies of her text demanding me to send it to that address and that address only. What should I do?

Any help would be greatly appreciated. Thank you!! And sorry for the very long post!

Most Popular Reply

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Mike Dymski
#5 Investor Mindset Contributor
  • Investor
  • Greenville, SC
13,015
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Mike Dymski
#5 Investor Mindset Contributor
  • Investor
  • Greenville, SC
Replied

All this stuff about a problem resident, getting nasty, lost in transit, and missing pictures is all just unrelated emotional noise.  You are not asking for advice on what to do...it appears that you have an axe to grind and are simply asking if you can keep the deposit.  And you didn't get the answer you were seeking as every reply recommended simply resending it.  You got a problem resident out and the security deposit covered damages and unpaid rent...time to be happy and move on.

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