Landlord Question and Answer Forum

I post marked my deposit return I thought was within my 30 days but in fact it was 31 days. I deducted replacement of lenolium which was not fixable. I had replace with new before they moved in. The floor was damaged beyond repair so I had to replace it. I deducted the replacement and sent the check. Do I have to refund the full amount now regarded of the damage?

Are you asking if you now should refund the "complete" sec.dpst collected and not minus the repair? If so, why?

Posted by Bob R, CA on Monday, September 17, 2012

I refunded $754.00 which is $1100.00 minus the replacement of the lenolium and yard cleaning. She is stating that since I post dated on day 31 she wants her full refund and not the lower amount.

Posted by Erma C, NM on Monday, September 17, 2012

I refunded $754.00 which is $1100.00 minus the replacement of the lenolium and yard cleaning. She is stating that since I post dated on day 31 she wants her full refund and not the lower amount.

Posted by Erma C, NM on Monday, September 17, 2012

I refunded $754.00 which is $1100.00 minus the replacement of the lenolium and yard cleaning. She is stating that since I post dated on day 31 she wants her full refund and not the lower amount.

Posted by Erma C, NM on Monday, September 17, 2012

I refunded $754.00 which is $1100.00 minus the replacement of the lenolium and yard cleaning. She is stating that since I post dated on day 31 she wants her full refund and not the lower amount.

Posted by Erma C, NM on Monday, September 17, 2012

I really dont see how one day would make any difference. But you said you "post dated" the check? So did you give it to her before the 30 days but just post date it? Do you have a reciept of that? Most states have the "within 30 days" to return any portion of the deposit but you will have to check with your State to see about if that means they can require full payment or not. I would think it just means thats how long they have to wait until they can file legal action for non payment. Since she did not file and has in fact been returned her remaining deposit I dont see where she can require you to pay in full. I would write her a letter explaining you have returned the money as required and legal action would in fact cost her far more than she could gain. Dont admit putting the wrong date on the check. Leave that for in case she does file. Then just say you must have written the wrong Date on it is all and it was only one day. If ou have proof of damages and the cost of repair you should be OK.

Posted by Brian A, UT on Monday, September 17, 2012

I agree with Brian about the mailing timing and suggestion. Consider mailing sec.dpst refunds certified. This way you will have a receipt of the mailing date. Return receipt is not important…..Here’s a concern – who long did she live there? You can not charge her for the total cost of replacement. She would be responsible for the prorated amount. Hopefully, you received an estimate with a statement stating that lino could not be repaired. Also, you should have taken pictures to document the damage……Here’s something to look into. It has been claimed that new lino is not deducted as a repair but is depreciated for 27.5 yrs because it is attached to the floor. Whereas carpeting is depreciated over 5 yrs. (Check IRS Pub 527). If that’s the case, she may be responsible for most of the cost. . -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

Posted by Bob R, CA on Monday, September 17, 2012