Landlord rights regarding security deposit return (renter, appliances, credit report)

[gdot]

Interesting story hear that maybe some of you long timers could add some perspective to. In short, it's about a strange renter I had that is now protesting the portion of the security deposit I withheld for a property he left last november. read on, any advice or perspective is much appreciated!

I'm a first time landlord. Had a tenant move out last November. There were some accrued late charges (he was late 8 times in 12 months) and 'wear and tear' that I deducted from the security deposit. I gave an itemized list, along with the remaining balance within 21 days. The $500 withheld for wear and tear off of a $3800/month rental was because his girlfriend and her son lived in the place for 3 months, even though as per the lease, he was the only person allowed to stay there (excepting written notice from the landlord for stays longer than 2 weeks). he doesn't dispute me withholding late charges. He cashed the check with a note 'security deposit refund for xxx property address)

Don't hear anything from him until the last week and january (2 months later) when he calls me and launches a string of profanities at me explaining how he's furious about not getting his security deposit back and how he's going to 'take me down'. After he settles a bit, we have a phone conversation and I offer to split the difference and return 1/2 the balance to him. He says he's going to take a few days and get back to me.

I don't hear anything from him until last week (June)- which is 4+ months after our conversation He says he's decided to accept my offer and I can mail him a check. I tell him that given that he didn't contact me for 4 months, I assumed the issue was resolved to his satisfaction and there will be no refund.

So, he's again threatening with legal action. ANybody have any sense where I stand legally with this? Any laws in my favor? Can he legitimately surface this 7+ months after his tenancy ended and 5 months after I offered to settle? Logic would tell me no, but the law isn't always logic.

i want to avoid the legal hassle because I now live out of state. Would hate to have to fly in to settle this nonsense. If I do, and win, can I go after damages, charges, etc?

[Paula Lynn]

I'd call his bluff right now. If he were to sue you in Small Claims Court, you would have to be served in the State you now live in. It will cost extra for his process server fees - he'd have to find a sheriff in your County to serve you. If he does go that extra length, that is the time to try and settle with him out of court. I don't know what the Statue of Limitations are where you live, but after 7 months, I'm sure he has a legal right. Can you collect from him if you receive a Judgment??? Good luck. Find a good collection agency, so at least it will be on his/her credit report. Surprisingly, after a few years when they want to buy property, they'll have to pay off that judgment.

Don't listen to his threats - wait for the action if and when it happens.

Hope you have a paper trail and notes, maybe even pictures of his place when he vacated.

Paula

[Ultrarunner]

Strange things happen and just about anyone can file a small claims case.

That being said, it sounds like you are on good footing. As long as you provided an itemized statement within 21 days for any deposit withheld and refunded the balance... I don't think he will get too far.

One thing that caught my eye, is that you mention a deduction for wear and tear. In my city in California, a landlord my NOT deduct for "Normal" wear and tear.

We are limited to tenant caused damages, reasonable late fees and back rent. Some judges, as a matter of course, take a dim view on late fees or they have a problem with collecting several months at move-out from the deposit.

As others have said, he still needs to serve you and show up...

[Paula Lynn]

As Ultrarunner said, you CANNOT deduct for normal wear and tear. Review the rental lease that you signed and it specifically says you cannot deduct for wear and tear. Damages, housekeeping and back rent, yes, you can deduct. You mentioned there were other tenants living there without authorization - that's when you should have "nipped it in the bud". Allowing other people there you actually modified the rental agreement, especially if you took rent from them. Always look at the check and see if it's indeed the person who you rented to. Otherwise, do not accept it.

[artichoke63]

You cannot deduct for "wear and tear" just because his girlfriend lived there for three months. You need to have written somewhere in the lease that you will charge xxx amount a month additional if another person moves in. The late fees are also questionable. Did you bill him for the late fees at the time he was late? Otherwise, he may of assumed you were just letting it go as many landlords do. You need to let people know about the fees at the time they incur them, not after they move out. He has 12 months to take you to court generally.

[gdot]

thanks gang - all good points. I may have used the term 'wear and tear' incorrectly in the refund. it was really excessive wear from extra people living there. Obviously, 3 inhabitants causes more strain on the property, especially with appliances and furnishings (which were included).

I actually didn't even know his girlfriend and her kid were there until after he told me that the kid had allergies and needed to have the air filters changed almost weekly.

He was notified of his late rent at least 5 times, but he refused to pay it. So, rather than having an episode every month, I just deducted it from the security deposit.

I figured I'll wait until he sets the ball in motion to do anything on my end. I already have the cash and the notes/photos/recordings of his calls. and, if it turns out I legally owe him money, I'll pay it without delay.

thanks

[ibarrio]

I may have used the term 'wear and tear' incorrectly in the refund. it was really excessive wear from extra people living there. Obviously, 3 inhabitants causes more strain on the property, especially with appliances and furnishings (which were included).

If that is the way you worded it then that is the way the court will see it...you charging him for something you should not have. It might be smart to settle for the 1/2 you already agreed upon.

[RingMaster]

Originally Posted by gdot

thanks gang - all good points. I may have used the term 'wear and tear' incorrectly in the refund. it was really excessive wear from extra people living there. Obviously, 3 inhabitants causes more strain on the property, especially with appliances and furnishings (which were included).

I actually didn't even know his girlfriend and her kid were there until after he told me that the kid had allergies and needed to have the air filters changed almost weekly.

He was notified of his late rent at least 5 times, but he refused to pay it. So, rather than having an episode every month, I just deducted it from the security deposit.

I figured I'll wait until he sets the ball in motion to do anything on my end. I already have the cash and the notes/photos/recordings of his calls. and, if it turns out I legally owe him money, I'll pay it without delay.

thanks

You can't deduct for wear and tear even if it is excessive wear and tear. In order to charge for more people, you need to state it in the lease something like an additional $50 per month for another person. Also, even if you remind him the rent is late, you still need to sent a bill. Courts do not generally enforce the late fee.

[Gillian McIntyre]

MY tenant is trying to deduct the deposit from rent payment recon. They are two months in arrears. The house has been badly damaged and the repairs are going to cost more that the deposit. What do I do?

[Lovehound]

Originally Posted by Gillian McIntyre

MY tenant is trying to deduct the deposit from rent payment recon.

How can you deduct a deposit from a rent payment? That makes no sense. And what is a "recon?"