Former tenant keeps questioning the amount taken from his ecurity deposit

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Former tenant keeps questioning the amount taken from his ecurity deposit

Kar Sun
Member since 2021 · 388 posts · 277 votes

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?

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Richard F.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
2mo

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.

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  • Richard F.
    Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    2mo

    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.

    2Reply
  • Kar Sun
    OP
    Member since 2021 · 388 posts · 277 votes
    2mo

    I sent to him electronically and he received it. I sent digital copies of invoices. Cracked countertop, intentional scratches on stairs (they removed stair protectors I gave to them), dirty carpet, chipped paint (my paint is not white) are not normal wear and tear. There is nothing to decide for the court. 

    0Reply
  • Jim Johnson
    Real Estate Agent · Memphis · Member since 2026 · 546 posts · 316 votes
    2mo

    If you've complied with your state's security deposit requirements, documented the condition, provided an itemized accounting, and sent the supporting invoices, you've already done the most important things. At that point, I'd be careful about getting into an endless back-and-forth over opinions about the repair costs.

    I'd keep copies of all your documentation and continue to communicate professionally if you choose to respond, but I wouldn't let the conversation become repetitive. If the dispute continues or escalates, it's usually worth consulting a local landlord-tenant attorney so you know your obligations under your state's laws.

    0Reply
  • Denise SuppleeBusiness Member
    Realtor · Willow Grove, PA · Member since 2017 · 970 posts · 638 votes
    2mo

    From what you've shared, it sounds like you handled the move-out thoroughly by documenting the issues, explaining the deductions, returning the remaining deposit, and providing the invoices. Good records are one of the best protections a landlord can have. At this point, I'd avoid getting into the same discussion over and over about whether the repair costs were reasonable. Keep all of your documentation together, and if you decide to respond, keep it brief and professional. If the situation continues or you're unsure about your responsibilities under your state's laws, I'd reach out to a local landlord-tenant attorney for guidance.

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  • Bill B.
    Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    2mo

    I didn’t see your location in your post or your profile. Doing that will help “locals” chime in. If you have complied with local laws you’re golden. If you haven’t you’ll end up owing the money or up to the money times three to the tenant, depending on local laws.  Be careful with “obviously not wet and tear”.  Las Vegas recently determined that chipped paint and even small holes ARE normal wear and tear and can not be charged for. The good news is you have receipts and aren’t billing for your time. You SHOULD be golden.  

    I would google both your market’s landlord tenant handbook. (Usually you will find a local guide published by the government.) and your markets security deposit laws. Thsi si where you’ll find out what can be withheld, how fast it must be returned, and the penalty to you for any failure. 

    1Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2mo

    Simply reply that you sent him an itemized invoice along with the balance of the deposit and it reflects everything you went through during the video inspection and then leave it at that.

    0Reply
  • Mike FisherBusiness Member
    New Lenox, IL · Member since 2024 · 98 posts · 53 votes
    2mo

    You have almost certainly already met your legal obligation, and the answer to "do I keep replying" is usually no. I have invested in Chicago-area rentals since 1991 and manage in the south and southwest suburbs, so I handle deposit disputes regularly. Here is how I would think about it.

    Your duty on a security deposit is a one-time duty, not an ongoing conversation. Most states require a written itemized statement of the deductions, with copies of the invoices or estimates, sent within a set number of days after move-out (in Illinois the itemization window is commonly 30 days, with receipts to follow). You send that once, to the tenant's last known address, and your legal obligation is met. There is no requirement to answer every follow-up letter after that. Endless back-and-forth just creates more statements you may have to defend later.

    Two things I would do right now:

    1. Confirm the delivery. Since he would not give a forwarding address, the correct move, and what a judge looks for, is certified mail, return receipt requested, sent to the unit he rented from you. If it comes back unclaimed, you keep it sealed with the USPS tracking as evidence. Richard's point above is exactly right.

    2. Stop arguing the dollar amounts by mail. A broken countertop, damaged stairs, a damaged wall, and a carpet fouled with pet hair are not normal wear and tear, and you already documented them in the walkthrough with invoices. That is your case. You do not need to litigate it in his mailbox.

    If he truly disputes it, his remedy is small claims court, not letters to you. When he files, you show up with the lease, the move-in and move-out condition reports, dated photos, and the third-party invoices. Owner labor is often not reimbursable, so make sure each deduction is backed by a real receipt, and be ready for the court's definition of wear and tear to be broader than yours.

    Short version: you already did what the law requires. Keep every document, send one final note that your itemized statement stands and any further dispute can be handled in court, then let it go quiet. The paper trail wins these, not the argument.

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  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    2mo

    I think you are ok, based on your proper handling of the paperwork etc...

    But don't EVER think that "There is nothing to decide for the court." Lol.....

    If this goes to Court, it will be Small Claims Court. Without a 'real' Judge....Depending on how that Judicial Magistrate is feeling that day, and how the 'poor tenant' presents their case.

    So keep your proof of everything, but don't get cocky.

    1Reply
  • Adam TafelBusiness Member
    Real Estate Agent · St. Paul, MN · Member since 2017 · 573 posts · 395 votes
    1mo

    Get legal advice, it depends on your state and local rules. Follow the requirements, you’ll be ok.

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  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    1mo
    Quote from @Kar Sun:

    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?


     The only thing that matters is what your state and local laws require!

    Follow them or you may often be subject to treble damages.

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