When our tenants moved out, they gave us a PO Box address to forward the security deposit refund check. We mailed it out but now we received a notification from USPS that it was delivered to their PO Box but they have not picked it up and if they don't do it within a week, it will be returned to us. We emailed the tenant about this and asked them to pick up asap.
My question is what do we do if they don't pick it up? We fulfilled our duties, its up to them to pick it up. We were thinking next we can just have it delivered to the PO Box without a signature requirement. What happens if they never pick it up or cash the check? We had the bank make out the check in their name. This is in NJ
Most states have an "unclaimed property" law that has you send the amount to the state with an explanation who it is for and their identifying information. Also, you don't have to send it signature confirmation. The cashed check (or uncashed) is proof enough of signature or lack thereof.
@Jenn Doll Once it gets returned to you, I would keep the unopened envelope with the check securely inside as proof that you mailed it on time and also in case the tenant were to ever make a claim for it or allege that you did not mail it within the timeline required by law.
Thx, JD. Yes, in NJ that is 3 years. We sent for signature confirmation as for one these tenants were troublemakers, also the SD check is a check made out directly to them after closing the deposit account, don't know if later if the bank would later provide us any account detail if there was a dispute so we felt this was a safe way.
Most states have an "unclaimed property" law that has you send the amount to the state with an explanation who it is for and their identifying information. Also, you don't have to send it signature confirmation. The cashed check (or uncashed) is proof enough of signature or lack thereof.
Thanks, Kyle. That's our main concern. These tenants have caused us a lot of head ache and are the litigious types so we are worried they are upto something. Don't understand why someone would not want to cash their check. We refunded 100%. We also emailed them, no reply so far.
@Jenn Doll Once it gets returned to you, I would keep the unopened envelope with the check securely inside as proof that you mailed it on time and also in case the tenant were to ever make a claim for it or allege that you did not mail it within the timeline required by law.
