Hello all,

This is my first post and I joined this site just for this question. I am assuming that the answers are from experts? Since this is a legal question, I suppose then the responses will come from an attorney or a judge?

I have rented my home to someone for this first time. I am sad to say that it seems I now have the same horror story that I have read others have had with the security deposit.

My story is as follows.

The renter moved out on June 30... I emailed her to say that she will want to leave any receipts on the counter that shows what she paid to clean and prepare the property for vacate so this could be considered towards the security deposit. ( my lease states that the tenant is to steam clean the carpets professionally when she moves out)
I also states in my email that I would be happy to walk the property with her 2 days after she moved so that we could see together why or why not the deposit or portion of it may not be returned.
The renter CALLS me on June 30 and says that she did not have time to clean and that she considered the deposit a gift (MY WORRY STARTED) We were cordial on this call, as we have always been, I thought I was the best land lord.. I sent gift certificates to them for Christmas.. off the point, sorry.

Anyway I get to the property and the damage is beyond belief. At least 20 holes in the walls... 2 holes in the garage door, FILTH EVERYWHERE, Tub is black from the nasty, all 3 ceiling fans broken, kitchen floor tore up.. as if something was dragged across it, carpet stains so badly the original color is not discernable.

I do not have much money, my husband can luckily fix almost everything, but we still had to pay $600 in supplies alone to buy what we needed to fix the home. Hubby spent at least 50+ hours getting the house repaired.

The last thing we did was to have the carpets checked... we could not afford a cleaning after paying $600 and we were hopeful that they COULD be cleaned. By this point it was July 29 and I knew I had to send an invoice to the renter within 30 days so I sent it. I made a copy of the post mark on the envelope that is dated July 29. I detailed the cost of each item to be repaired and the time that was charged for the repairs. I mailed the item to THE PROPERTY ADDRESS because the renter only provided a PO Box despite my request of a physical address. The mail at the property was being forwarded.. since there was no mail at the property and the invoice was never returned to me. The renter then emails me on Aug 15 to say that she did not get her refund from me within 30 days and can meet me to pick up her check?! Well that is not what she said on the phone... but I responded to her email and explained that the paperwork was mailed to the property and was not returned to me and I assumed she had received it. I also asked again for a physical address so I could mail the paperwork to her certified. The renter said that I should not have mailed to the property and wanted her money back.
I then mailed the invoice a second time on Aug20 to the PO Box, which was the same info sent the first time.

After this was sent we had the carpet diagnosed and it was found that the stains were oil and fecus and could not be cleaned with any success because of the oil. The carpet replacement was $1200. The carpet replacement was not even on the invoice... we had to do this past the 30 days, but I am still out the money.

The deposit on my property was $695.

I have now received a letter from the renter stating she will sue me for $2185 because I have acted in bad faith and not returned her deposit or invoice to her within 30 days. She acknowledges receiving the invoice I mailed the second time by states that is too late and she will sue me for 3x the rent and attorney fees.

You can see my question. Do I owe her her deposit back because she did not get the first mailing, or because I mailed the first mailing to the property?
Is it possible that this much damage can be done and I owe someone anything?

So she says she is going to sue for $2,185.
Where does she come up with that figure first of all??

So she sues, you counter sue
Make sure you take pictures, sample piece of the rug and any other evidence you can of the damage done. Make sure you take the receipts for paint, plaster, carpet replacement, etc...
Have every little thing itemized down to the penny.

She can sue that does not mean she will win.
**Don't let her intimidate you, tell her you will see her in court with YOUR itemized list of damages.

I am not a lawyer but that is what I know.

Hi, thanks for the response. Just to let you know she gets that figure by saying she is sueing for 3x the amount of the deposit plus attorney fees.
It would be a good idea to have a piece of the carpet... but the carpet company removed all that when they installed the new. I hope there will never be a next time.. but if there is, I will save that.
I have lots of pictures of the carpet, and all the receipts... I am just so stressed that she may get off on a technical issue about the address mailing or something. I am trying to JUST BREATH.

Have a good night!

I don't think she can get that much even if she left the place spotless and there were no extenuating problems. For one the Judge would come up with a more reasonable amount that she may be entitled to and then deduct the damages you should be awarded from that sum.

She can make up any figure she wants to and justify it in her mind it doesn't mean a Judge will grant it to her.

The problem is if you did not send her a listing of why she was not getting her deposit back within a certain time frame, you will owe her the deposit.

You have a obligation to either pay her the deposit or give her a listing of why not.

1. you should have easily had 600 dollars for supplies, since you had her deposit that should have been in a separate interest bearing account

2. Upon entering the property you get someone to give you a estimate at the repairs, thus within days you have the cost to fix it, ( does not have to actually be fixed)

And yes in many states she is correct if you don't pay the deposit back or provide a list of required repairs within a time, they can receive 2 or 3 times the deposit back.

You need to check the sticky at the top of the real estate page here for your local state laws. But yes she may have a good case against you if you did not mail her a statement within 30 days.

In fact before the 30 days you should have been sue her for damages

Since this is a legal question, I suppose then the responses will come from an attorney or a judge?

You can see my question. Do I owe her her deposit back because she did not get the first mailing, or because I mailed the first mailing to the property?Hello P:

I'm a judge... Yeah... I'm a judge... Really... Ok, I'm not...

You MIGHT owe the money, because the law is clear about WHEN the tenant is supposed to receive her letter... I don't know your state, so I can't tell you what that date IS, but you can find it if you peruse above like ScottGem suggested.

MY advice, hopefully, will prevent this from happening to you again... Next time, DO a background check... I doubt you did this time.. Next time get a LARGE security deposit. $695 won't buy PAINT. Next time, INSPECT your property. You probably NEVER went while they were living there. Next time, KNOW your state landlord/tenant law BY HEART. You probably don't.

So, I don't know if anybody sued anybody yet, but I'd hustle myself down to the courthouse on Monday morning...

excon

Hi, thanks for your responses.

I indeed have a post mark date COPIED that shows the first invoice was sent to my renter before the 30 days had expired. The invoice did list the cost and amount of repairs to that date, and reason for repairs.
I am okay on the fact that I sent her the invoice within 30 days, the only real issue that I worry about is if I am going to have an issue with mailing it to my property address to allow it to be forwarded.
The reason I did this, I as hoping I would get a physical return address from that mailing for her. You can not sue a PO Box and with the renter only providing a PO Box... I can not do anything further to my understanding.
Now one of my previous response did say I never went and checked the property. It is true that it was my error in this, because as I say it was my first time renting and I did not want to bother anyone. She paid her rent on time so I was not woried... yes, lesson learned there.
I did in fact have to make the repairs as soon as possible... because I still have a house payment on the property. I could not afford to pay the rent house payment and my house payment and make the repairs to the entire house. Just so hard sometimes...

I will keep you posted on what happens.. I am going to answer her letter that she mailed about sueing... by providing the original postmark date.

I guess I am hoping since the lease states that she was to leave the property like she received it.. that that would be considered, since she most definitely did not...