Security Deposit Question - Items left behind

[Bob Mazza]

Hello BP - It has been a while.

I just had a tenant leave a unit after providing 30 days notice. He was a day late in moving, contacted me to say everything was moved out and when I arrived that was not the case, There was a huge couch and big lamp in a small unit that takes a lot of space. Needless to say 5 days after he was supposed to be out he finally came to get it May 31 move out turned into June 4th.

I had a potential renter who passed up on the place because it was not truly "vacant"

Additionally, the place was not cleaned, there was damage to a few places from the move and he broke a screen for one of the windows. 

I called him the next few days to square away the security deposit but he never responded. Almost a month later he is asking for his balance in full via venmo, again he has not called me back.

I want to explain to him all the reasons why he will not receive his balance in full but am not going to hunt this guy down. He has my number and can call me anytime.

His security was 1475, of which I had already returned $750 in good faith leaving a balance of $725. Given that he did not move out plus damages and cleaning he will not get the full amount from me.

Any thoughts?

[Andrew B.]

Did you send him an accounting of what you deducted and why? If not, I'm 99% sure that you owe him his full deposit. this is not because he deserves it, but because you deserve it for not knowing your state laws.

According to state laws, and this can vary slightly by state, you must return security deposit along with an accounting of any deductions taken, even if nothing is to be returned, within 30 days (the number of days can also vary by state).

If this had been handled properly, you would bill him a daily fee for each day he was there past may 31. if your lease stipulated a fee you charge that, or you divide your monthly rent by 30 to get a daily fee. You then pay someone to clean it and fix everything, and send him a statement within 30 days with a check for any remaining security deposit.

furthermore, you screwed up by letting a couch and lamp keep someone from renting your place. You should have gotten the couch and lamp out, and had a cleaning crew come in and clean up on June 1st. Then you store these items according to your local landlord tenant laws surrounding abandoned property.

Now for reality, if you did not send him an itemized statement for deductions and he is radio silent, ignore him. it may not be worth his effort to sue you for $725. If he does sue you, give him the balance as you will lose in court.

As mentioned, most of my comment assumes you did not send an accounting of security deposit deductions in accordance to state law.