Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Maria Mccarthy

Maria Mccarthy has started 2 posts and replied 13 times.

Post: Security deposit claim

Maria MccarthyPosted
  • Real Estate Investor
  • Hollywood, FL
  • Posts 14
  • Votes 2
Thanks!  The attorney actually said don’t send because she didn’t provide the proper notice.  If she sends in writing we will probably respond. We’ve had the costs already set for some time.  

Quote from @Alex Deacon:

@Maria Mccarthy get a detailed estimate together of what you had to do to mitigate the smell and clean the apartment. Send it to the tenant and take that amount from her deposit. Its up to her if she wants to dispute it and take you to the Magistrate level court. 


Post: Security deposit claim

Maria MccarthyPosted
  • Real Estate Investor
  • Hollywood, FL
  • Posts 14
  • Votes 2

We do read the landlord/tenant rules. We have owned properties for 20+ years. Michigan  not as long. 10 years.  I find over the years landlord seem to have less rights, but it’s state, city specific.   And tenants seem more entitled than ever before.  Maybe we’ve been lucky but we haven’t had too much problem.  Thanks. 

Post: Security deposit claim

Maria MccarthyPosted
  • Real Estate Investor
  • Hollywood, FL
  • Posts 14
  • Votes 2
Thanks. 

Quote from @Bob Stevens:
Quote from @Maria Mccarthy:

We have a tenant that leased for one year.  She had a no pet clause yet unbeknownst to us brought a cat in.  There were uncleaned litter box during an inspection.  We had a a broker present too.  The smell was terrible.  When she moved out , we sent notice of non renewal that week, she cleaned with significant pine sol smell.  Two independent people plus the new tenant said the smell was significant despite our efforts.  We had to tear out the carpet and padding, deep clean and laid out vinyl.  The smell remained for awhile even after that hence one reason we didn’t reinstall carpet.  

She did not provide notification of forwarding address as required by the lease AND the state of Michigan.  4 days yo be specific.   Yet  over 2 month later she’s asking for a status.  

How would you handle?   Thanks in advance.  We spent significantly more than the amount of deposit. 

Thank you in advance!


 She gets nothing, end of story. Unless you had 1ks and 1ks and 1ks of SD, tell her to move on, 


Post: Security deposit claim

Maria MccarthyPosted
  • Real Estate Investor
  • Hollywood, FL
  • Posts 14
  • Votes 2

Thank you!  Yes I am familiar with the landlord / tenant notice requirement but I find sometimes the courts handle things differently.

We did speak to the attorney and he said not to send anything as she did not follow through on the 4 day notice.  

We are not seeking recovery beyond the security deposit and are ready to move on.  

At some point I hope to transfer to PMC but not yet.  They do handle the rental now, etc., but not the actual day to day management.  

Post: Security deposit claim

Maria MccarthyPosted
  • Real Estate Investor
  • Hollywood, FL
  • Posts 14
  • Votes 2
lol. You are tough.  We all could probably use your docs.  However it seems that nowadays courts side with tenants.  However your approach has merit.  

And to think we were swayed by our property manager to give this woman a break.   Her credit wasn’t too good.  

Quote from @Chris Seveney:
Quote from @Maria Mccarthy:

We have a tenant that leased for one year.  She had a no pet clause yet unbeknownst to us brought a cat in.  There were uncleaned litter box during an inspection.  We had a a broker present too.  The smell was terrible.  When she moved out , we sent notice of non renewal that week, she cleaned with significant pine sol smell.  Two independent people plus the new tenant said the smell was significant despite our efforts.  We had to tear out the carpet and padding, deep clean and laid out vinyl.  The smell remained for awhile even after that hence one reason we didn’t reinstall carpet.  

She did not provide notification of forwarding address as required by the lease AND the state of Michigan.  4 days yo be specific.   Yet  over 2 month later she’s asking for a status.  

How would you handle?   Thanks in advance.  We spent significantly more than the amount of deposit. 

Thank you in advance!


 I would send a letter outlining we have been trying to reach you but you did not provide any type of forwarding address. Due to you having a pet which was against the terms of the lease, the pet caused significant damage to the carpets and the unit which caused them to be replaced. The costs outlined below were X. The amount of deposit on the lease was Y. Please remit to us the remaining balance of Z at your earliest convenience. If payment is not recieved by (DATE), we may turn the balance over to collections.


Post: Security deposit claim

Maria MccarthyPosted
  • Real Estate Investor
  • Hollywood, FL
  • Posts 14
  • Votes 2
I like your response.  Will use that as a base with the other comments

Quote from @Chris Seveney:
Quote from @Maria Mccarthy:

We have a tenant that leased for one year.  She had a no pet clause yet unbeknownst to us brought a cat in.  There were uncleaned litter box during an inspection.  We had a a broker present too.  The smell was terrible.  When she moved out , we sent notice of non renewal that week, she cleaned with significant pine sol smell.  Two independent people plus the new tenant said the smell was significant despite our efforts.  We had to tear out the carpet and padding, deep clean and laid out vinyl.  The smell remained for awhile even after that hence one reason we didn’t reinstall carpet.  

She did not provide notification of forwarding address as required by the lease AND the state of Michigan.  4 days yo be specific.   Yet  over 2 month later she’s asking for a status.  

How would you handle?   Thanks in advance.  We spent significantly more than the amount of deposit. 

Thank you in advance!


 I would send a letter outlining we have been trying to reach you but you did not provide any type of forwarding address. Due to you having a pet which was against the terms of the lease, the pet caused significant damage to the carpets and the unit which caused them to be replaced. The costs outlined below were X. The amount of deposit on the lease was Y. Please remit to us the remaining balance of Z at your earliest convenience. If payment is not recieved by (DATE), we may turn the balance over to collections.


Post: Security deposit claim

Maria MccarthyPosted
  • Real Estate Investor
  • Hollywood, FL
  • Posts 14
  • Votes 2
Thanks! Some good advice. 

Quote from @Peter Mckernan:
Quote from @Maria Mccarthy:

We have a tenant that leased for one year.  She had a no pet clause yet unbeknownst to us brought a cat in.  There were uncleaned litter box during an inspection.  We had a a broker present too.  The smell was terrible.  When she moved out , we sent notice of non renewal that week, she cleaned with significant pine sol smell.  Two independent people plus the new tenant said the smell was significant despite our efforts.  We had to tear out the carpet and padding, deep clean and laid out vinyl.  The smell remained for awhile even after that hence one reason we didn’t reinstall carpet.  

She did not provide notification of forwarding address as required by the lease AND the state of Michigan.  4 days yo be specific.   Yet  over 2 month later she’s asking for a status.  

How would you handle?   Thanks in advance.  We spent significantly more than the amount of deposit. 

Thank you in advance!


 You'll have all items you paid for put together, receipts/invoices, labor charges, and anything else. I would also write up a letter too that states what happened and how the condition of the property was left so that you have it on file and she does if she tries to take you to small claims court. 


Post: Security deposit claim

Maria MccarthyPosted
  • Real Estate Investor
  • Hollywood, FL
  • Posts 14
  • Votes 2
lol.  I argued with my husband about that but he disagreed.  I recall doing that with another tenant.  We didn’t try the ozone but it’s a converted house to a duplex (before my time).  So the first floor tenant would have been there.  I’ll keep it in mind.  In Michigan I believe they use a depreciated value, so may call an attorney just to be prepared.  

Quote from @Theresa Harris:

Hindsight is great, but you should have sent her a registered letter detailing the break down to her last known address. If she had mail forwarded, she'd get it at her new address; if not, you'd get it back.  With the latter, you keep it unopened as proof that you sent it.

Give her the itemized bill and state damage was from an unauthorized pet and litter box that was not cleaned.

Also others had had good luck using an ozone machine to remove smells.  The house can't be occupied when it is running, but they aren't that expensive.


Post: Security deposit claim

Maria MccarthyPosted
  • Real Estate Investor
  • Hollywood, FL
  • Posts 14
  • Votes 2
Thank you! 

Quote from @Peter Mckernan:
Quote from @Maria Mccarthy:

We have a tenant that leased for one year.  She had a no pet clause yet unbeknownst to us brought a cat in.  There were uncleaned litter box during an inspection.  We had a a broker present too.  The smell was terrible.  When she moved out , we sent notice of non renewal that week, she cleaned with significant pine sol smell.  Two independent people plus the new tenant said the smell was significant despite our efforts.  We had to tear out the carpet and padding, deep clean and laid out vinyl.  The smell remained for awhile even after that hence one reason we didn’t reinstall carpet.  

She did not provide notification of forwarding address as required by the lease AND the state of Michigan.  4 days yo be specific.   Yet  over 2 month later she’s asking for a status.  

How would you handle?   Thanks in advance.  We spent significantly more than the amount of deposit. 

Thank you in advance!


 You'll have all items you paid for put together, receipts/invoices, labor charges, and anything else. I would also write up a letter too that states what happened and how the condition of the property was left so that you have it on file and she does if she tries to take you to small claims court. 


Post: Security deposit claim

Maria MccarthyPosted
  • Real Estate Investor
  • Hollywood, FL
  • Posts 14
  • Votes 2
Quote from @Alex Deacon:

@Maria Mccarthy get a detailed estimate together of what you had to do to mitigate the smell and clean the apartment. Send it to the tenant and take that amount from her deposit. Its up to her if she wants to dispute it and take you to the Magistrate level court. 

Thank you!