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Updated almost 5 years ago on . Most recent reply

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Mary Jay
  • Glendale, AZ
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Security deposit return-no forwarding address

Mary Jay
  • Glendale, AZ
Posted

Hi guys,

So I evicted couple of tenants for nonpayment and I have a question about returning security deposits.

I bought this fourplex from a seller and he did not provide any move in inspections reports.

Therefore, will be hard to prove if a damage was done by the tenant or not.

My attorney says that I have to write those tenants letter explaining them what will be deducted from the security deposits. Those tenants did damage to the property (probably about 2-3K per unit) but I would not be able to prove it in court.

I dont want to return security deposit (because I have to spend much more on fixing up plus I spent a lot on legal fees to evict them).

Plus one tenant was a tenant from hell, threatening to hurt another tenant, and then threatening to take me to court for not evicting this other tenant, calling me at 6 am when he gets off work, in other words, I am not looking forward to communication with this tenant.

However, I do not want him to take me to court for not mentioning security deposit either...

So is there a way around it? Can I somehow try to contact him without making him want to contact me back?

For instance, if I say: "Joe, I need to discuss with you return of your deposit" Then of course he will contact me and will start the fight over security deposit, which I probably will lose because I cant prove that the damage was done by him.

What if I write a letter and say: "Joe, please contact me within a certain period of time to discuss court hearing and the issues that were brought up by the judge "

Probably JOe is not gonna try to contact me because judge awarded me the unpaid rent...

And , in this case, if Joe will try to go back after me for security deposit, then I can say: "I contacted you to discuss it and you never reciprocated"

What do you guys think?

Do you have any other ideas?

Or if I just lay low and do not contact him at all, after 30 days if he does not contact me then I dont have to return him the deposit at all, is that what Pennsylvania law says? He has not left me any forwarding address by the way. 

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Matthew Paul#2 Contractors Contributor
  • Severna Park, MD
7,516
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Matthew Paul#2 Contractors Contributor
  • Severna Park, MD
Replied

Just send a certified letter to the last known address , your rental either the post office will forward or you will get it back . Dont open it and just save it incase you go to court 

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