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Re: What funds can I use to satisfy damages claim?
by Bill
on January 17, 2014 @15:08
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Cash the check. If the tenant sues you for the amount of the check you can counter for the damages that are greater than that amount. You can also ask for two months rent for breaking the lease without notice. Did you get a settlement letter out?
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Re: What funds can I use to satisfy damages claim?
by Al (CT)
on January 17, 2014 @15:14
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No, no, a thousand times no. Do NOT cash that check. You were given an NSF check for November rent, which was most likely a mistake on the part of the tenant (have they ever given you a bad check before?), and they made good with a new check.
That NSF check should either be destroyed or returned to the tenant.
Your recourse is to send them the SDSS in accordance with your state law, and include an 'amount due' for damages over the security deposit. If they do not pay, then you file in small claims.
Your tenant made good on a bad check, and that should be worth a couple bonus points to ease your mind. Your tenant will most likely pay the bill for extra damages.
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Re: What funds can I use to satisfy damages claim?
by OK-LL
on January 17, 2014 @16:21
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This is the 2nd or 3rd bad check in the 1 year tenancy, so no grace for this tenant. They were instructed to give me a money order to replace the bad check, but they dropped another personal check instead. It's almost 20 days after they received the SDSS and no payment, so I'm guessing they aren't going to. I'm looking for anyone who may have had this issue in court to see if there's any legal reason not to use whatever tenant funds are in my possession for the tenant's debt.
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