Renter stiffed me - next steps?

Question

I have a small condo that I short-term rent in the summer months. This is my first winter as the owner, so I decided to try and get someone in during the off season. Being only 20 minutes from Portland, ME and Maine Medical Center, I was able to find a traveling CNA. He signed a lease for Nov 1 - Feb 4. He paid first months rent ($1650), and a security deposit of $1000, and moved in November 1st. Fast forward to November 30th, I get a text at 4am saying he had a family emergency and was going back to TX. I texted him to remind him of the rent due Dec 1st, and have heard nothing. What would you do? Is it worth it to try to collect? Or should I just let it go?

Melissa Silk · Answer

Fortunately he did leave the place clean. I guess I’ll just cut my losses and move on. Thanks for your responses, I appreciate the insight.

Theresa Harris · Answer

If they are out and you have it in writing, get the place rented.  Take photos to show move out condition and if the cleaning and lost rent total more than the deposit, send him the invoice saying you're keeping the deposit and he owes you $x.  You will never see that money, but at least you can keep the deposit.

Jon Martin · Answer

If they are out of the house I would count my blessings and move on. Could be worse, and it sounds like you are within your rights to pocket the security deposit.

Wouldn't hurt to attempt to collect, even if it's just to establish fault on paper in case they try to come back at you. Realistically it sounds like a lot of time and bandwidth would be devoted to a low likelihood of being made whole.

Melissa Silk · Answer

Thank you for the advice everybody. I appreciate you all taking the time to respond. I've got it re-listed on FF, so fingers crossed!

Alecia Loveless · Answer

@Melissa Silk I’m about two hours away in NH and just got over 100 responses to an ad for an apartment I posted for less than 24 hours. I suspect if you get your ad reposted you may have no problem getting the unit rented again quickly. It’s a great area.

Be sure to send the old tenant a letter detailing what charges you had cleaning the unit and getting it ready to rent and for lost rent until you get it rented. That way they can’t come back on you for the security deposit. Be sure to follow Maine’s law on this.

Sorry this happened to you. Best of luck.

Richard Elvin · Answer

It would appear, not a lawyer and not legal advise, that you need to provide a written statement of what the security deposit was applied to. "The written statement itemizing the reasons for the retention of any portion of the security deposit must be accompanied by a full payment of the difference between the security deposit and the amount retained.  Reasons for which a landlord may retain the security deposit or a portion of the security deposit include, but are not limited to, covering the costs of storing and disposing of unclaimed property, nonpayment of rent and nonpayment of utility charges that the tenant was required to pay directly to the landlord.  The landlord is deemed to have complied with this section by mailing the statement and any payment required to the last known address of the tenant." ME Title 14 Ch 710 §6033 (2) (I really don't know how to quote legal text)

https://legislature.maine.gov/statutes/14/title14sec6033.htm...

Again, if it were me and they left the house clean and in good shape, I would send them the deposit and move on with my life. (Treat others the way I would want to be treated.)

Andrew Steffens · Answer

Unfortunately this is part of the LL game.  It happens.  Rent is paid in advance so technically he did not stiff you, just broke his lease.  Definitely check with your local laws but in FL I would just have to deliver a notice of intention of keeping security deposit for breaking the lease.  Hopefully the lease outlines the penalties.

Michael Baum · Answer

Everyone said it best @Melissa Silk. Good luck on getting it re-rented!

Sarah Kensinger · Answer

As everyone else has been saying, follow the local landlord laws and relist the property again. Maybe he did have a family emergency or some other reason for why he needed to leave. There's no telling, but at least your property was left in good condition.

Renter stiffed me - next steps?

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