Former tenant keeps questioning the amount taken from his ecurity deposit
My tenant moved out.
We did final walkthrough.
All issue were pointed out during the walkthrough.
He could not attend in person, so I had to do one via video.
I told him how much I will remove from his security deposit (about $1500 for the repairs)
Remaining money was sent to him.
Copies of invoices were sent to him.
He did not want to provide his new physical address.
Now he keeps sending letters about his deposit and frankly I do not know why I have to reply to him.
He though that $1500 is too much to charge to repair a broken countertop, refinish stairs that were damaged, repaint a wall that was damaged, clean carpet that was not cleaned with the pet hairs in it and other small work.
He produced some cleaning invoice that I could not verify.
However, the carpet was dirty.
We also forgave some small damages he left behind.
My contract was very clear that tenant needs to return property in the same or better condition minus normal wear and tear.
None of those are normal wear and tear.
Do I need to continue to engage with him?
Do I need to continue to reply to his letters?
Most Popular Reply
#1 Tenant Screening Contributor
- Honolulu, HI
Where did you "send" the payment and invoices? If he would not provide address, you should have sent to the address he was renting from you, via certified, return receipt requested. It would either be returned to you, in which case you keep it, unopened, with all the USPS documentation, for evidence to present a Judge in the future; or, the USPS would forward it to the new address he informed them of, and you would have a signed receipt for it as proof of when it was sent.
"Telling" tenants anything, is useless. Always document, always send a business style letter, memo, or email so you have copies to prove your communication if needed.
Local law will dictate the process, but usually if a Tenant disputes a Security Deposit, they must file a claim in small claims court or similar. You will get an invite (subpoena), and will need to provide your evidence. Usually that includes copy of rental agreement, move in and move out condition reports and photos showing the discrepancies, copies of estimates provided by, or invoices paid to, third parties for the repairs identified, as well as receipts/invoices for materials you provided. Most jurisdictions do not approve payments for Owner labor. Also, the Courts will inform you of what THEY consider "normal" wear and tear, which may be quite different from your definition.