[shtpmom]

I was selling home RTO without a contract ( tenant refused to sign after moving in ) I had to have tenant evicted. A few weeks ago she did return possession of the home during a status conference, so now I will most likley drop the court case considering I do have possession of the home. She has asked me(not the court) for the down payment which she paid on the home back. I refused to pay the money back to her because there are extensive damages to home.

QUESTION:: I have noticed by reading on other threads that LL must notify tenant in so many days as to the reasons deposit is not being returned. Do I need to send ex-buyer/tenant a certified letter as to why I am not refunding the down payment on the home (2000 dollars) Or because it is a down payment do I owe her an explination? My husband and I are doing all repairs to the home on our own (slowly). In the end we will have OVER $2000dollars worth of damages not including many hours of our time spent into repairing the home. Thank you!

[excon]

Hello:

Since you didn't have anything written, it's difficult to tell whether this $2K is a damage deposit or a down payment. I certainly can't tell. I can't tell if you're a landlord or a seller who retook possession of your property. Therefore, I can't tell you how to proceed.

I don't think there's anything you can do to put this agreement BACK on track. Keep the money, fix the house and don't do that again. Send her a letter outlining the repairs. If she sues you, maybe the judge can do a better job than I can sorting it out.

excon