What process to go through in returning Security ?

What process to go through in returning Security ? by david on January 30, 2021 @12:58

The tenant moved out, and I found the apartment terribly dirty, so, decided to deduct $300 from the security deposit. That amount only covers small portion of cleaning fee or repainting fee, because they have lived here for 29 months. The tenant seems not so happy.

I am thinking to write something on the check, and indicating that the tenant accept the result, and they would not come back to me again.

What should I wrote or do?

Thank you!

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Re: What process to go through in returning Security ? by Garry on January 30, 2021 @19:52	[ Reply ]

Only write the following on the check in the bottom notation ------ "Return of remainder of security deposit" You should send the former tenant a letter with the check inside it. The letter should be specific/detailed as to what you deducted from the deposit. Name the various things you had to clean, repair, replace, etc, and attach a price to each item. Total them all up, and then show the original deposit, less the charges against the deposit. That should show the amount you are returning to the T in a check. If the T does not like the amount you returned, they have the option to either accept that amount, or take you to court. 95% of the time, if a LL returnes a portion of the deposit, the T will not spend the extra time and money to take you to court. And if the do take you to court, a judge will usually side with the LL. Just be sure you have all the charges well documented with pics and witnesses.

Re: What process to go through in returning Security ? by Daniel (CA) on February 2, 2021 @13:21	[ Reply ]

If you are being nice and discounting the amount that you are charging the tenant then you write this on check "Security Deposit Settlement In Full" If you are Charging the tenant full amount of charges then you write "Security Deposit Balance Refund" If you are returning full deposit then you write "Full Security Deposit Refund" If you are doing option 1 then including the letter below may protect you... as with all documents here, check with a lawyer if you have questions. THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES SETTLEMENT OFFER WHEREAS, Name, (“Landlord”), rented unit # 8 of Street City, CA Zip (the “Premises”) to tenants listed here; WHEREAS, (Beth) an individual (“Tenant”), is offered here a settlement of the matter in lieu of dispute and or litigation; WHEREAS, Tenants paid $2,600 security Deposit; WHEREAS, Tenants moved out on January 31, 2017; WHEREAS, A security deposit statement was issued on February 20, 2017; WHEREAS, the ESTIMATE SECURITY DEPOSIT statement reflects a refund of $632.12 due to tenant, and a deduction of $1,967.88 from the security deposit; EXHIBIT A WHEREAS, more time and work is needed to calculate the amount of unpaid rent that Tenants owes to "Landlord" and which may be lawfully deducted from the rent; NOW, THEREFORE, Landlord, for good and valuable consideration receipt and sufficiency of which is hereby acknowledged, stipulate and agree as follows: Landlord offers check # 3347 in the amount of $650.00 to Tenant. If Tenant accepts check # 3347 and deposits it, then it shall be considered a settled matter. Otherwise, if Tenant disagrees and rejects this settlement offer, then Tenant shall return the check to the Landlords Address listed above. “Landlord, name” By: Name: name Title: Landlord Offered by “Landlord, NAME” By: Name: Title: Landlord Accepted by “Tenant,” By: Name: Title: Tenant Use this if TT sues you and you want to offer more $$ to close the case LL address Tenant address THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES Supplemental SETTLEMENT OFFER WHEREAS, NAME, (“Landlord”), rented unit # 8 of Street Santa Monica, CA Zip(the “Premises”) to tenants listed here; WHEREAS, Tenant an individual (“Tenant”), is offered here a settlement of the matter in lieu of dispute and or litigation; WHEREAS, Tenants paid $2,600 SECURITY DEPOSIT (SD); WHEREAS, Tenants moved out of the Premises on January 31, 2017; WHEREAS, Estimated (SD) statement issued on February 20, 2017; WHEREAS, Tenant supplied a forwarding address for the (SD) statement on March 1, 2017; WHEREAS, the ESTIMATE (SD)statement reflects a refund of $632.12 due to tenant, and a deduction of $1,967.88 from the security deposit; WHEREAS, A Final (SD) statement was issued on April 16, 2017; EXHIBIT A WHEREAS, Total Final charges exceed the (SD) Balance by $162.99 in the amount of 2,762.99 ; WHEREAS, Landlord previously offered check # 3347 in the amount of $650.00 to Tenant as an offer to settle the (SD) account in good faith; WHEREAS, Tenant accepted and deposited check # 3347; therefore, this is a settled matter; WHEREAS, Tenant now owes $812.99 to Landlord; if Tenant now refuses to honor the settlement agreement; NOW, THEREFORE, Landlord, for good and valuable consideration receipt and sufficiency of which is hereby acknowledged, stipulate and agree as follows: Landlord offers $200.00 or $________________to Tenant. If Tenant accepts $200.00 $________________then it shall be considered a settled matter. Offered by “Landlord, Name” By: Name: Name Title: Landlord Accepted by “Tenant, Name” By: Name: NAME Title: Tenant

What process to go through in returning Security ? - Landlord Forum thread 361085