security deposit letter - Landlord Forum thread

security deposit letter by Anonymous on January 16, 2012 @00:45

Had tenants that damaged property almost from day they moved in. After 3 weeks they called to say the toilet would not flush. I said I would send a plumber. Considering the damage they had already done, I suspected they had sone something to cause the problem. I told them if it was discovered the problem was caused by them, they would be responsible for the repair. When the pllumber arrived, they refused to let him into the bathroom to fix the toilet, claiming the problem was the sewer. I called the city out to inspect the sewer. That was not the problem.
The tenants moved out without notice, then had an attorney write me a letter saying they were terminating the lease on constructive eviction, even though they refused to allow repairs. Should I respond to the attorney's letter with the truth, or wait until the court date with the evidence?
I am suing for damages, which are numerous; the security deposit doesn't come close to covering it. In the security deposit settlement letter, do I list the amount of damages they still owe, or just wait and list it in the court documents?
Thanks in advance for your advice.

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Re: security deposit letter by Anonymous on January 16, 2012 @00:55	[ Reply ]

Put it in the security deposit damage letter. You might be better off to fight an attorney with your own attorney. Take pictures, check with plumber to see if he is willing to make a statement for the court, and meet the problem head on. Court proceedings are rough on both sides, though. this is not constructive eviction, with the plumber's statement.

Re: security deposit letter

Re: security deposit letter by Anonymous on January 16, 2012 @08:40	[ Reply ]

Pictures will be your friend to prove all of these damages in court. I feel bad for their new landlord.

Re: security deposit letter

Re: security deposit letter by Jack Klein (NY) on January 16, 2012 @11:07	[ Reply ]

Send them and the attorney by certified mail a completed Security Deposit Settlement Statement listing all charges and damage costs. Your state law probably requires this if you keep any security money.

Re: security deposit letter by Anonymous on January 16, 2012 @12:53	[ Reply ]

"Constructive eviction" is a red herring so that youll be spooked into letting this one slide. Nothing youve stated is remotely related to constructive eviction, so sue for as many months lost rent you can, the plumbing repair, advertising and any other legitimate expenses you will incur to re-rent this unit. Most likely the damages you list on the sec dep letter will be redundant as those in the court docs. However, you have a TIMELINE in which to settle the deposit account. If you miss anything, or if the deposit doesnt cover your expenses, small claims court will be the place to fix those errors.

Re: security deposit letter