Would you include evidence of damages when returning a deposit?

Question

Returning it with deductions that is. Tenant seems sue happy, a scammer based on my dealings with them. Would you include proof of unpaid bills, pictures of garbage left behind, etc.? I want to dissuade these fools from trying to file suit against me, they seem like the type in my interactions with them.

Although I have a mountain of evidence such as bills, an email from the utility proving they never established service, pictures, nothing found during two pest inspections, etc. and would win a case in court, it's still stress and hassle, not to mention a lot of time lost. Hence why I figured I'd include some of the evidence to dissuade them.

Jack B. · Answer

Bump, still undecided.

Jack B. · Answer

You know, one thing that NOT sending them evidence might do is help me discredit them if they try to file a claim for other things. If I send them no evidence, they might try to claim that they paid utilities, didn't leave anything behind, etc.  By doing so, I can easily discredit a half a dozen grievances which would make them look reaaaaalllly bad in court. Then again, the goal is to avoid court, but if sending evidence doesn't dissuade them, it could hurt my chances in court, because they would no longer try to file a claim based on the items they know they would lose on because I sent them evidence.

Jeff B. · Answer

Use a move-in/out check list noting conditions and signed at both events.

They get a copy and thus are 'noticed' of the defects.  You should do the move-out within two weeks of their surrender of the keys to allow them to address the issue.

I take pics at both events, they get none.

Given the check list itemizations, I've never had a suit filed.

Christine Swaidan · Answer

I just returned a partial deposit with photos printed on 8 1/2x11  paper of a year and a half worth of dog s**t, with close ups :), filthy, disgusting bathtubs, a stove that looked like it had never been wiped even once, floors with mounds of dog hair and dirt. He will not be happy at all the deductions. Once he sees I have documented everything I can't imagine that he would even consider fighting this. So, yes, I think pictures help a lot.

Another thing is I never rush to return a security deposit until most or all of the work is completed, because sometimes you run across little things that add up.

I learned my lesson when I did a final walk through with a tenant who was leaving the state and needing her security ASAP. Everything looked good so I handed her the check only to discover that the $50 pool key was NOT the pool key.  Live and learn.

Deanna McCormick · Answer

Yes I agree with Mike Stattem

Send copies of photo's, of how apartment was left with all the mess. Inside, outside, whatever you had to document condition. If you want to send copy of move in condition photos you could.

Your move out sheet should have line item for what repairs were done, as well as cost to clean.

It's not necessary to send a copy of your hardware bills for example: the  new blind replaced you replaced,  just retain the receipt for your records and list the cost of the blind.. plus your labor cost to install. As long as you retain those you have them to show if needed for proof of replacement and labor charges incurred.

Just make sure your move out charge sheet is completed and mailed out within the usual 21 days required after move-out, or basically you miss your time permitted to submit the charges to them, and your stuck.

Justin Fox · Answer

Yes, I would.  Receipts, pictures, everything.  Certified!

Jack B. · Answer

I have evidence, but as I understand it I don't have to give it to THEM. Only a court if they file suit. Although in this case, and from what I just read on another blog, it seems like it would be a good idea to send to them in an effort to dissuade them from even trying to file a lawsuit. I would easily win it, but the time and hassle preparing for it, taking time off work, etc.

Mike Sattem · Answer

@Jack B.,

Anything that you did, you will need evidence of, as the tenant can request proof of work. I include copies of everything, to include photos of the entire property, both good and bad.