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    rdrckmywrld's Avatar
    rdrckmywrld Posts: 0, Reputation: 1
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    #1

    Jan 10, 2011, 09:55 AM
    Security deposit claim
    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.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Jan 10, 2011, 10:03 AM

    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
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