All Forum Posts by: Burt L.

I should clarify that during the time my security deposit check was '"stuck in the mail" as the certified mail had to be mailed to their old address is "when I received an initial demand for return of deposit" signed by each of them. They did not know that the payment had already been mailed as I had no forwarding address.  I have the certified mail receipt and there is a tracking number.

-this is what the initial paragraph of my previous post was supposed to say. That paragraph looks like something was missing and the above is it!

If the check was in anyone elses possession they would have been incensed and letting me know about it during that full month. This fact should be helpful with the polilce. 

I should clarify that during the time my security deposit check was '"stuck in the mail" as the certified mail had to be mailed to their old address  I have the certified mail receipt and there is a tracking number. 

The first fraudulent check was then deposited a full month later. If anyone else had that check besides the former tenants, those former tenants would have been screaming from the rooftops, so to speak as they took a month to deliberate on how to proceed with my check. 

This is defenitely a hurdle I will have in convincing the police as well, so glad it was brought up. When I spoke with a police phone representative about how to proceed I was told that this was a "civil matter" and that I would have to file in civil court. The police will likely try to pass this off as civil in nature when I go to file the report in person as its related to a tenancy,  and I"ll have to convince them otherwise. I don't know of anyone having to file in civil court for fraudulent check writing/forgery on their bank account but I"m sure I will face this resistance when filing the report. I'm certainly open to suggestion on how to convince the police otherwise. 

Something new (?) to be aware of for landlords. 

I had some tenants who had been with me 2.5 years without issue and were on MTM lease. One day I received a call from a property mgmt co that they had applied for a new property and I gave a good reference. I later learned that is was only for one person and that there was a restraining order between the two of them, though they were allowed to be be in contact. It specified one party could have no involvement with guns or alcohol. Learning this and not wanting anythig like it on the property to affect other tenants, I served a 30 day notice to vacate to much resistance as both parties wanted to remain together again now despite the restraining order. After much ugliness they both moved out. 

I then sent the security deposit check by certified mail to the former tenants. It was delivered by certified mail and no question who had received the check. There were damages such as a broken microwave door and control panel on an over-the-range micro, left 5 days late, and other damages that were all itemized, as required. 

The security deposit was sent to the prior address (my property) as no forwarding address was provided. In the time it was in the mail I received a demand for security deposit return, with their new address as the return address - the new  landlord's property had provided a good reference for. 

A second, unknown name was added as a payee- I learned to cross out any blank space after a payee's name through this. 

That check was then altered to increase the amount by $1,000 by changing "seven hundred to seventeen hundred" and the number was changed from 752 to 1,752. The check went through. I use duplicate checks and have a copy of the the originally written check. 

I called the bank and explained that the check had been fraudulently altered and they were able to reverse payment on it. I believe an  unsuccessful crime is still a crime. 

Last week another check was somehow created from scratch and an attempt was made to cash the check on the same account. As my account had been flagged the bank did not cash the check and called me saying someone was trying to cash a check claiming to have done work for me this past weekend. I do all my own work currently. That account is now closed and another opened. 

I was contacted by the sherrifs office today that they want to serve me papers from the the former tenants concerning their security deposit.  Of course, I'm not sending any new checks or otherwise now. 

I'm considering filing a police report for criminal check fraud and have their new address, employment, etc.. Not looking forward to getting caught up in all the time requirements. Would prefer to have them learn a lesson by forfeiting the rest of the deposit but it looks like i will be filing a criminal report and then they can decide if they want to pursue it further, as will I. Once I file the report and provide the document trail, its probably irreversible though. 

In the end, I gave a good landlord reference to persons who then engaged in check fraud and forgery against myself. I"m also considering contacting the new landlord/mgmt company and letting them know what they have, so they will be prepared- In addition to providing the string of documents to the police as part of a comprehensive police report. 

I'm also considering letting them know that I am proceeding with the above if they are proceeding, or just going ahead and file the detailed police report and notify the new landlord. Having such a thing on one's personal record certainly won't help with employment or housing, in the future. How might others choose to proceed on this matter? 

They are also attempting to serve me personally instead of the LLC the property is held in. Thought I should put this overall scenario out to BP Nation for any input! Thank you.

The windows are vinyl bypass-slider windows, which are common in the area here and are double-pane. 

With the proximity to the road at speeds of 40 mph or so any window would let noise through. So I'm considering buying another set of windows and putting them at the back of the window cavity with the sliding side lining up with the window in front  of it. 

It seems expensive but long vacancies between tenants are even more expensive. @Colleen F.Thank you for the tip on hedges vs trees also. 

Title says most of it- I have lots of interest but since the property faces a "main arterial route", which translates to road noise. The two units at the front of the property are hard to rent while the rear ones are not. Having an interest rate obtained after covid, it takes full occupancy  to cover the debt on the property. 

Having tried the smaller things like accoustical caulking and thicker door weatherstripping, I need to think of further methods. The windows are double pane and attach to the outer edge of the windowsill.  In looking at my own home which has single pane windows, I see that there are storm windows which attach to the inner edge of the windowsill. It seems I could buy another set of double-pane windows and attach them to the inner-edge of the windowsill. The windows in this area are commonly bypass slider type windows and the openings would line up, allowing them to be opened, just as my own storm and outer windows line up. The construction type is cinderblock with a brick exterior on the rental. I don't' think the cinderblocks are filled but would be hard to get to under the eaves and ceiling. 

There would be about a 3 inch gap between the inner and outer double-pane vinyl slider windows. It would be hard to clean the stationary section on the large living room window, which is 8 ft by 5 ft and has a slider on each end of about 2 ft in width. 

There is a company called "Indows" that will make a single pane that attaches to the inside with levers for removability but understand they are $500 to $1000 per window and I can get double-pane  vinyl sliders at $3-4 hundred each and probably $500 for the large one. It will be a long 3 weeks wait to have them made. They could also be spares if one gets broken, though the outer windows don't sit on the windowsill and are about 2 inches taller and wider. 

This is a low-frequency noise issue. There is a fence in front limited to 4 ft with 50% coverage as that is all the city allows. I've also thought of trees in front but that takes a lengthy time to grow to usefulness. 

Am I missing somethig here? This is an expensive problem with every turn-over on the front units and am sitting in an empty unit writing this now. Thank you for reading thru. 

The title covers most of it- I get lots of "electronic interest" but still want to speak to a human before setting an appointment to show a  unit. I also live at the fourplex and want to learn of the person I'm to invite onto the property. I have experienced unknown persons looking in the windows overnight with flashlights and scaring the other residents, etc. 

It seems alot in my area are willing to open their doors to unknown persons simply after a point/click and generating one of the 3 responses Zillow provides them to make, short of something generated by themselves. 

I put at the end of an ad that the best contact method is through calling and maybe 10 percent do this and they are the better candidates. It also tells me  they read all the information instead of just pointing/clicking on dozens of ads. If I put the same statement at the beginning of an ad, the interest falls off a geat deal and I don't get the electronic statement about the number of people and pets, etc. . 

Once I get a tenant I've not had issues, but can lose 1-2 months each time and about to go to month 3 on one, currently.  Do you- or your manager book appointments electronically without any other contact? I want to at least hear what the approximate occupancy date it is, the number of persons, and pets - in their own voice as most anything can walk through the door- so to speak. How do you handle the initial screening before showing?

I do have more options with my standards as an owner/occupant. 

It can also be a good move to put in a lease that commnications concerning the property will go through a designated property manager. My list of lease inclusions grows on a regular basis. 

The security deposit was $1550 and I stopped adding repair items at $1800 and all are legitimate. They will agree to $130 or we are "going to court" Thats exactly what I've prepared for. 

The lease is in the name of my LLC and there is no requirement that the address of the LLC be in the lease. The registered agent's adresss can be found at the Sec of State's website if the tenant continues to inquire. I do welcome another chance to go before the local judges and have obtained very good results there before.

Great to know that being a day late on the certified mailing doesn't give the tenants any greater losses- its not like a lotter ticket - and they are already in the negative which may be another deterrent to filing a case against me. 

My awesome lady lawyer of 30 years-who was also a landllord- retired last year and I've been loathe to go to doubled pricing and she and I went through many of these items and she always showed me where to get the forms and I should be better at looking up the statute by now. On a bigger item in the future, I will have to pony up for new representation. 

@Ned Carey

I think our emails crossed at nearly the same time. What I mean by helping the tenants serve a notice to appear is that they will want my personal address so I can be served a summons to appear. 

I've provided an item by item listing of all the repairs and costs done - I even didn't include some repairs as the total amount already exceeded their security deposit. 

I'm in Colorado which allows up to 60 days to return a security deposit/provide an accounting. My lease says it will be returned in 30 days and it was postmarked certified mail on day 31. I don't believe a judge would enforce treble damages for one day but can't be certain. I will have pictures, receipts, witness letter of the damages. 

Colorado requires that an accounting be sent to the tenants and I do admit I missed it by a day. I could still countersue for damages though. Based on  your suggestion I did read the statute and it requires the tenant to send a 7 day demand letter for return of security deposit by certified mail. It would seem all I have to do is ignore that certified mail notice sent to the UPS box  - they have left such a bad taste that its hard to do anything "helpful to their case". These tenants sudden desire to be so communicative is hard to stomach but there's alot of that in landlording.

Recently was stuck in a place where a different tenant wanted me to promise not to tell her significant other that I knew about the restraining order between them, but thats not so on-topic other than the difficult decisions we have to face. 

I did send the letter with a broken-out listing of repairs expenses and they took over a month to respond. They have since made their "going to take you to court" statements if we don't hear back from you by x date, which is tomorrow. 

All I can think is - "go ahead, knock yourself out" and havent' responded to either emails or texts. The listing of repair expenses and sending certified mail was all done in preparation for a court hearing on it. I"ve never given out my personal address to tenants and all they have is the UPS box address but since its held in an LLC all they would have to do is serve the registered agent should they eventually figure that out but have to assume they eventually will.

I'm at a loss- so far- as why I would help them in any way serve me papers for a court appearance, in objection to my accounting of the repairs.