Landlord Question and Answer Forum

Tenant completed 1 yr lease, stayed 2 1/2 months on approved M to M, Did not pay 1/2 mo pro-rata rent at end. I deducted pro-rata rent from security dep along with late fee and misc. minor repair charges. Gave tenant full accounting form w/ lease section references for each deduction. Attempteed to give check for bal of deposit at same time but she stated she wanted full deposit, would not accept less, would see me in court. I mailed check w/ another copy of accounting form, registered w/ return receipt, to tenant's new address. All was done well within 21 day allowance. Tenant was "never home" when delivery attempted and letter returned "unclaimed" by post office. What is my further responsibility regarding the balance of her deposit I am still holding?

You didn't mention if she gave a 30-days notice. If you feel she really plans on taking the matter to court, I would wait 2 more weeks and send it again...just in case she was out of town. Make sure the address is correct. Also, DO NOT OPEN the returned mail. You will need the unopened mailings for court so the courts can give her the check and make ruling on the balance. The unopened mailing shows the court that you did not write a check just before court date. Let us know how thing went. Good Luck.

Posted by Stan M, CA on Sunday, January 3, 2010