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Re: Legal Date of Vacancy - Landlord Forum thread 355456

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Re: Legal Date of Vacancy by Garry (Iowa) on December 27, 2017 @21:12

So, which date is it------Nov. 1 or Dec. 1 that they returned the keys ?? But I guess it doesn't matter, as some Ts never return the keys. The real question is, what did YOU do on Nov.1 ? Did you go in, take pics of what you found, changed locks, and started cleanup/fixup procedures on Nov. 1 ? If you did, that constitutes possession back, and your 30 days start then. As long as you can show proof of cert. mailing by Dec. 1, your T has no case. Once you mail something, it's out of your hands as to where it goes from there. The amount of mail moving thru the system between Thanksgiving and Xmas, is 5 times as much as in any other 30 day period during the year. So it's much easier to get lost in that time frame. And a judge is not going to rule in the Ts favor, simply because you may have been 1-2 days late on your mailing. (a week late, and a judge may rule the other way)
Even if a judge would rule against you on the SD, as long as you bring proof of damages greater than the SD, the judge would probably cut back your amount of damages you are seeking, by the amount of the SD, and award you an amount for the remainder. Read your state laws to see how long you have, to file a suit against the T. Then decide whether it's worth it or not. You may find that the T is "judgement proof"------meaning he has no money and no job to garnish wages.
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Re: Legal Date of Vacancy by Anonymous (PA) on December 28, 2017 @07:30 [ Reply ]
I went in on Nov. 1 the day that T sent IM stating T was out and that T left keys in the apartment. Yes, pictures were taken proving damages and T was sent a letter. T claims on Dec. 1 letter was never received. I immediately answer and told T that T was not entitled to SD because of damages. I followed up the next businss day with a CRRR.

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