State Specific Question About: NORTH DAKOTA (ND)

Got a situation I desperately need advice with. Last week I posted how the tenant did not clean and wanted pictures/breakdown. We supplied pictures of the unclean items and a very itemized break down of what we had to do to get the duplex back to original. We sent this all certified mail. Today I received an email asking if we can negotiate or settle this in court as he has pictures of the clean rental. How would you handle? Would you email back or not respond at all? This is the same tenant who contacted our current tenant using deragatory names and harrassing the current tenant.

Should I email him back and tell him we have a video of what the place looked like prior to him moving in and a video of the day he moved out outlining everything that was not clean? Or would you leave this alone? Should mention he tried to sublet without our knowledge and broke the lease after a month and a half

What ManateeAlley said.

Here is the other thread.

bbs2.mrlandlord.com/display.php?id=13620597

Stop communicating with him. It means nothing unless you get the proper docs of contesting the security deposit.

The undocumented sub-lease as you didn't issue a violation notice. Has nothing to do with the security deposit accounting.

How much did you deduct and for what?

Remember I cautioned you on broom clean.

If you are talking a few bucks like under a hundred I would give it to the pita. Why? because every minute I have to deal with him is wasted time and time is money.

If it's the ethic issues. It is going to cost you a lot of your time and focus. Is it worth it to you to give him that much of your time and focus?

Stop all communication. Meanwhile, under assumption that ex tenant WILL take you to court, start preparing your case.

2 copies of all pictures. (one for you, one for the judge.

List a short, well documented paragraph outlining your case.

Then relax. This tenant will or will not sue you. Meanwhile,be prepared, take this ONE DAY AT A TIME.

by the way. In CA Unpaid rent are damages on the security deposit.

Do NOT email tenants. It's too easy to spout off, saying things you should not. It is treated as very casual communication, generally speaking, and is not the best way to communicate professionally, in my view.

If you are able to do so, you should write PROFESSIONAL letters, responding to issues. You need them for a paper trail.

Your letters should read like:

Dear X,

Please be advised that on XX/XX/XX, digital photos and video were taken of the unit at XXXX Main Street, indicating an immaculately clean and undamaged unit(if this is true, of course). On XX/XX/XX, upon your departure from the premises, additional digital photos and video were taken indicating (fill in condition in IMPARTIAL language).

ALWAYS use passive voice. "Photos were taken". Damage was noted. Stuff like that. NEVER, "You did such and such".

It sounds as if it would be best to get an attorney at this venture. Even a letter from the attorney may cause him to back off.

I never would have provided photographs in the first place. Perhaps if there were one slam-dunk one, I might, but generally, no.

b/k

If this is helpful (perhaps not), this is exactly what our tenants who scooted out in the middle of the night wrote us after we sent them the itemized list of what their security deposit was used for. We received an unsigned letter with no return address listing why they were "forced" to leave because the place was "uninhabitable".

Initially I too was livid but the good part is that this reinforced my desire to find these folks and take them to court.

This was further fueled by the knowledge that at least one of them stopped by the rental and spoke with the new tenants, informing them the house had been "condemned" and was unsafe to live in.

Even if I had their return address (and I wish I did since it would make it easier to serve them), I wouldn't bother sending them another letter disputing what they claimed.

In other words, don't get mad. Get even.

Thank you all for the advice. The rental was not broom clean at the least. The fridge/stove took over 4 hrs in itself. The floors had dirt/footprints, scuff marks, etc. broken furniture was in the garage, carpets had debris on it and items were physically removed out of the unit. I won't contact him and I just received a very good attorneys name that specializes in these cases. We have before/after vidoes and pictures so that should be great as well as receipts showing we has just placed the cabinets in so they were absolutely 100% new and clean and they was food in them upon check out.

Thank you all for your tips. I find this website is so helpful. I hope to one day to be able to give back advice as good as I have been receiving.

Gail...that is great. I think when I started the thread I was so upset I wasn't thinking clearly. Now that I have 'settled down' and my heart rate has gotten normal, I can see things more clear.

As others have said before... that that are going to file suit dont threathen... they just file.

I wouldnt go spending money on an attorney and I certain wouldnt refer them to my attorney to spin the meter.

Anyone can type an email in 5 minutes to ask you for money. It take more effort for them to file in court. Just wait it out.. but any response you give is going to fire them up so I wouldnt respond at all.

The only benifit to you responding if you think you can calm them down. And I am sure if you step back and think about anything you would write, it will just fire them up.

Great advice above. The only thing I can add is that other than gathering up your materials and attorney referrals, you don't need to do ANYTHING at this point. You've done your inspection, documented the damage/necessary cleaning, and sent an accounting to your ex-tenant. You're a-okay.

Your ex-tenant's letter is duly noted and in his file, but doesn't mean much unless he starts legal proceedings. Even if he actually spends the money to retain an attorney, the first thing that will happen is a letter from the attorney saying they think you were unfair, or whatever other bluster and bluff they can come up with, in hopes that you'll cave.

You only need to hire an attorney if he or his attorney actually start legal proceedings. If you really want to, you could pay an attorney to answer his letter, or his attorney's bluster letter, but it's a waste of money to respond until he takes any kind of real action, which is to start a court proceeding.

For ND

SECURITY DEPOSIT REFUND

At the end of the lease, a landlord must return a tenant's security deposit (plus interest if the unit was occupied nine months or longer), or give the tenant a written explanation as to why the deposit (or any part of the deposit) will not be returned. The landlord must mail or deliver the deposit within 30 days after the day the tenant vacated and the lease expired. As a practical matter, actual receipt of the security deposit may be delayed by several days if the tenant fails to provide the landlord with accurate forwarding address information. The landlord may deduct, from the security deposit, amounts to cover damage from tenants or their guests, unpaid rent, and/or costs of cleaning or other repairs, with the exception of reasonable wear and tear. The landlord must provide an itemized list of any deductions.

If a landlord sells a rental property, the new owner has the same rights and obligations. The security deposits and interest must be transferred to the new owner or the seller remains liable. The new owner is bound by the provisions of N.D.C.C. 47-16-07.1.4 even though he/she did not receive the original security deposit.

If a tenant does not receive the security deposit back, or is not satisfied with the landlord's explanation, the tenant can take the matter to Small Claims Court. This is a relatively easy, inexpensive procedure, that is explained elsewhere in this publication. There, it is up to the landlord to justify the amounts withheld. The court can award damages to the tenant up to three times the amount withheld without reasonable justification from the tenant's security deposit. This is called "treble damages." Treble damages need to be requested when completing court papers.

If he does not owe you ADDITIONAL money, leave it alone...otherwise, sue in Small Claims.

Thanks Josh...I have been quoting that for some time now just making sure I did everything legal in accordance to the rules/regulations in ND. Also went on the small claims court website and they have to request the small claims in the county where the home was rented...which is a few hundred miles away from where they moved. I 'think' I have all my 'ducks in a row'

For everyone else....your advice is right on. I'm going to leave well enough alone and wait for them to contact me in writing and not via email. The pics they claim to have may be from when they moved in, but for no reason can't be for when the moved out. The video and our pics prove that

Everyone's advice has been so helpful. You have made me feel I'm making the right decision by not responding, and having everything 'ready' for a possible court case.

Thanks again....so glad I found this site with helpful LLs' willing to offer advice (and patience)