Our lease expired November 30,2010. Because of marital separation, husband did not vacate until December 5, 2010. The 30th day from December 5th would be January 4, 2011. I received and signed for a notice of claim on the security deposit on January 8, 2011. The letter states that the notice was sent certified mail via USPO #XXXXXXXX on January 5, 2011. According to the letter it was mailed one day after the 30-day deadline; the first attempted delivery was 1/7/11; I signed & received from Post Office on 1/8/11 (4 days after the 30-day deadline). Is the landlord within their rights or do they forfeit because the letter was mailed & received after the 30-day deadline.

The amount of the claim (which I don't agree to) is outrageous and very vague. Besides the required legal language, it states:
Less damages and rent:
Paint, clean, carpets, etc. $605.00 (this I do not agree with)
Pro-rated rent for 5 days $222.00

I was thinking the easiest way to get out of the claim would be the deadline.

Thank you in advance for your help with this.

Hello r:

Since your landlord could have charged you an entire months rent instead of prorating it, I'd take what they offered and be happy.

You list a lot of dates as though they mean something... The only date that matters is the 5th. If your husband stayed for any PART of a month, you owe the ENTIRE month.

excon