All Forum Posts by: Melissa Robles

Hi BP community! I'm looking for some advice on my current security deposit situation.

My former (very disagreeable and difficult) tenant moved out and I mailed his security deposit settlement to him at his new address via Certified Mail with Return Receipt within 30 days, as SC law requires. The mail carrier has attempted delivery twice and now the mail piece is on its way back to me, "unclaimed." The tenant has since explicitly stated in writing that he refuses to be inconvenienced by answering the door to the Mail Carrier or to go to the Post Office and pick it up/sign for it. He has reiterated to me that he has "not received the refund of [his] security deposit."

SC law does not dictate that I use Certified Mail, but considering his disagreeable nature, I feel it is best practice to protect myself by returning his deposit in this way (or similarly) with proof of mailing date and proof of delivery. 

I know that the cashed check would serve as proof that he received it, but I can't ignore the possibility that he will disagree with the deductions and refuse to cash the check, leaving me exposed to a lawsuit for failure to return the deposit timely.

What advice can you offer on what my next course of action should be?

@Teresa F. thanks for your input. @Teresa F. & @Hannah Peerbolt Just wondering, if the prospective landlord can't/doesn't provide the signed release, do you provide any info at all? Since some landlords share info without a release, what is your reasoning for requiring the release (just curious)?

@Hannah Peerbolt great input, thank you!

@Lucas Merchant I'm thinking that instead of offering an opinion, of offering facts and let them decide.

@Kris F. Thanks!

As I've been reading up on the subject, it seems a big concern with providing references is being sued for slander. If I keep my response limited to facts, such as length of tenancy, number of times late on rent, how he maintained the house/yard it seems like I'd be safe. Trickier is expressing that he lies when it suits him, is a difficult and demanding tenant, and that we've had to issue a 5-day pay or quit on him recently. (He paid so there are no court records on it.)

I suppose I could offer the positive (not candy-coated) & factual information safely, then sum up the rest with what would be my answer to whether I would rent to him again...??

Hi BP community, I am not sure where to find the answer to my question so I am hoping you can help me out. I have been contacted by a property manager asking for a reference for my previous tenant, who has applied for one of their properties. Are there laws or guidelines about what information I can/can't share with them? What information do you usually share when asked? The property is in South Carolina. I dont have a copy in front of me to double check, but I don't remember seeing anything about this in SC's landlord-tenant law.

You can file for eviction immediately. Just make sure your notice of non-renewal is in writing, served as the law requires, and was given in the time required prior to lease expiration.

I am looking for a good PM too. The Real Estate Group (TREG) looks promising based on my experience with other PM firms, research, and an interview but haven't contracted them yet. I can say from past experience Gifford is one you probably want to stay away from, if I'm allowed to say so. Hope that helps, and I'll be watching here for other recommendations as well. 

I feel that A/C in the summer falls under the landlord's responsibility to provide essential services. In good faith for a good tenant I would pay for it. 

When we had a broken water pipe in our concrete foundation slab (will never buy another house on a slab - lesson learned) and the house needed water remediation we discounted our tenant's next monthly rent payment by the amount of the hotel stay after they provided the hotel receipt. It's been a long time, so my memory is a little fuzzy, but it seems like we may have also offered a credit on their next month's rent to offset the higher cost of utilities during that time as well. We're in Virginia and I do not know if our laws address this, but we just did what seemed fair. 

@SteveBabiak those were my thoughts as well...

...and I got this email from him when I kindly reminded him that he did not include the late fee for January's rent:

"Unbelievable. Unconscionable.

Shame on you. As if you were not already reaping what you have sown, I shudder to imagine what you are creating for your future..."

I had no idea what he was talking about, so I did not reply. Then he paid his late fee.