Asking for Security deposit after 1.5 yrs

[Neeta Agrawal]

For context, we gave the tenant a 60-day notice for non upkeep and no repair communication in 2023 and then extended it for 30 days upon his realtor's request, setting the move-out for May 31, 2023. The tenant refused to communicate about his plans to vacate and finally left the key under the mat on June 2 but made no communication, so we had to make 4 trips looking for the key. He left his belongings inside and later texted his intent to pick up his stuff. He also requested a walk through for later in June. We had previously agreed for a walk through on 31st May, but he hadn't completely vacated. On June 7th, we sent an itemized list of deductions via text; he responded on June 8th, disagreeing and threatening legal action. We didn't reply. Now, over a year and a half later, he sent a certified letter last week demanding the security deposit or legal action within 30 days.

Please advise.

[Chris B.]

In my state I think we have 14 days to provide a list of deductions to a tenant if money is to be held.  Text isn't an officially acceptable way of relaying this information here.

On the somewhat rare occasion when I deduct from a security deposit, I send an itemized list of the expenses deducted to the tenant's new address via certified mail.  I tell the tenant I need an address to return the deposit to and nothing else and I've always gotten an address.  In the case if I don't receive a new address, I'd probably send the letter to my property where the tenant was living and let USPS mail forward the letter.  I keep scans or pictures of all of all letters I send this way including the letter as readable before it goes into the envelope which includes the tracking number written on the letter, plus the filled out certified mail paper and the envelop after its addressed.  I generally get a picture of the letter at the post office with the paid postage on it also.  Possibly too much, but I'm not 100% sure what I'll need.  Its easy to store this proof forever.  You can also print out the tracking information from the USPS website too.

Given this, if a tenant asked for money back a year and a half later, I'd ignore the request.