Now that she left, you need to provide an accounting of the security deposit. You need to itemize the charges. At the least, it sounds she owes you the last months rent, late fees(?), and repairs for any damages. She has credits of the $300 and her security deposit. If there anything left, send it to her. If not, send her a bill for the difference.
Edited Jun 26 2010, 11:52 by Steve BabiakThis accounting has absolutely nothing to do with any eviction paperwork or demand for possession or whatever. It is an accounting of the tenants security deposit. Here is CO, the deadline by law is 60 days after the lease terminates. In a situation like this, that would be 60 days after you get possession. It may be much shorter in other areas. Failure to provide this accounting means you have taken nothing from the security deposit and must return it all. If you don send the letter, you tenant has an excellent case against you, and in some areas, they can get double or triple the amount of the deposit. Now, whether one would try or not is a different question. But why take the risk.
the same as any other month No rent, start the eviction process.
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will disagree. From your perspective, she got the deposit because she didn pay the rent. But you have never made a written accounting of the security deposit, a judge will say you still have it. At least here in CO, if you don provide that letter within the time limit, you own them their security deposit. It would be rubbing salt into the wound for the tenant to come after you for it, but they might well get a judge to see their point of view. Colorado law allows triple damages, so failing to send that letter here in CO could end up in you owing your bad tenant three times the amount of the deposit. Talk about salt!
What was the $300 for? Partial rent?
As Scott says, if you have nothing else for a forwarding address, send it to the last known address. I typically send two for my bugged out tenants. One says "address service requested", which would forward the letter and send me a postcard with the new address, if the PO has one. A second with "return service requested" which just returns it to me if undeliverable. When the letters come back, I put them, unopened, in my files. Should a tenant come back to me, I can produce the sealed, postmarked letters.
Jon. great set of recommendations.
I just want to point out that the second to last sentence is critical. in case you missed it.
doing this in proper compliance with your local landlord tenant laws.
She decided for herself? Its not her decision. First, you screwed up by not posting a pay or quit notice the first day the rent was late. Deposit is not last month rent, so last month rent is due just Nike Air Max Thea Prm Lth
And in some places the deadline is not very long after the move out or end of lease (you will also have to be aware of what event starts the time ticking on this moving or the last day of the lease, because they don have to be the same date).
You might find that the tenant failure to give you a forwarding address may give you more time, or may require you to handle this a bit differently. But it sounds like you have an idea of where the tenant moved.
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Originally posted by Jon Holdman:Nevertheless, you must send an accounting. Failure to send her an accounting of her deposit is a problem almost everywhere. She can come after you for the full deposit, and in some locations, double or triple damages.
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Originally posted by Jon Holdman: One says Nike Air Max Tavas Pink Pow "address service requested", which would forward the letter and send me a postcard with the new address, if the PO has one. A second with "return service requested" which just returns it to me if undeliverable. When the letters come back, I put them, unopened, in my files. Should a tenant come back to me, I can produce the sealed, postmarked letters.
To add to this comment from Jon which I completely agree with: There is often a deadline for getting that accounting to the tenant new address. Failure to get it there by the deadline can be treated the same as if you never sent it penalty of double or triple the deposit money involved.
DON open the returned letter. Just put it in the file in case you need and if you do need it, present to the judge and they can open it. This proves that you took that action and the tenant did not claim their mail.
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