Deposit Dispute
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Deposit Dispute (by ntj [GA]) Jun 12, 2016 4:58 PM
       Deposit Dispute (by OPM [OR]) Jun 12, 2016 5:32 PM
       Deposit Dispute (by DIXIE [KS]) Jun 12, 2016 7:05 PM
       Deposit Dispute (by ntj [GA]) Jun 12, 2016 8:17 PM
       Deposit Dispute (by BRAD 20,000 [IN]) Jun 12, 2016 9:57 PM
       Deposit Dispute (by nhsailmaker [NH]) Jun 13, 2016 3:43 AM
       Deposit Dispute (by Ryan [MI]) Jun 13, 2016 5:26 AM
       Deposit Dispute (by Wilma [PA]) Jun 13, 2016 10:50 AM
       Deposit Dispute (by LoriC [CO]) Jun 13, 2016 11:57 AM
       Deposit Dispute (by Pattyk [MO]) Jun 13, 2016 12:41 PM
       Deposit Dispute (by Mike45 [NV]) Jun 13, 2016 1:46 PM
       Deposit Dispute (by ntj [GA]) Jun 13, 2016 7:09 PM
       Deposit Dispute (by Pattyk [MO]) Jun 14, 2016 2:41 PM
       Deposit Dispute (by ntj [GA]) Jun 14, 2016 6:55 PM


Deposit Dispute (by ntj [GA]) Posted on: Jun 12, 2016 4:58 PM
Message:

State Specific Question About: GEORGIA (GA)

2 Yr. tenant vacated with proper notice at end of May. Agreed to meet June 1 to do walkthrough together. Tenant cancelled one hour prior due to personal issue.

Proceeded with walk through to complete move out form. Items beyond wear and tear noted - personal possessions left, cleaning issues, repair issues, etc. No return of keys or garage door remotes.

Delivered move-out form with link to 150+ photos within 3 day requirement per lease. Tenant demanded re-inspection and I provided generous times over next 4 days and said if none of these work, then suggest something and I will do my best to accommodate. No response.

No re-inspection within 5 biz days per lease. No dispute of charges withing 3 biz days of move out form delivery. Rec'd demand letter 3 days past deadline threatening law suit. We are far apart on damages.

Per lease and state law I have 30 days to return deposit minus damages.

Beryond returning remainder of deposit within state/lease guidelines I could:

1. Do nothing additional and see if suit is filed

2. Offer minor good will credit in good faith negotiating to avoid time and hassle of lawsuit.

I've been diligent about following lease and sate laws. Thoughts?

--24.98.xxx.xx




Deposit Dispute (by OPM [OR]) Posted on: Jun 12, 2016 5:32 PM
Message:

NTJ are you required in GA to have a walkthur together? --162.247.xx.xx




Deposit Dispute (by DIXIE [KS]) Posted on: Jun 12, 2016 7:05 PM
Message:

Ignore them. Your photos are all the documentation you need if they sue. --184.52.x.xx




Deposit Dispute (by ntj [GA]) Posted on: Jun 12, 2016 8:17 PM
Message:

OPM, no, it is not required for LL/tenant to have a walkthrough together. --24.98.xxx.xx




Deposit Dispute (by BRAD 20,000 [IN]) Posted on: Jun 12, 2016 9:57 PM
Message:

ntj,

Sounds like you were thorough.

LINK to photos? Why not simply print and inclide the photos? MANY people cannot open links or understand a link. I'll bet they habe not seen the photos.

We include all the photos so I know they saw them - it stops most arguments.

A legal beagle could argue you did not provide complete info.

I want it sooo obvious that no atty would take their case or a judge would roll his eyes.

BRAD --73.146.xxx.xxx




Deposit Dispute (by nhsailmaker [NH]) Posted on: Jun 13, 2016 3:43 AM
Message:

I recently had a deposit lawsuit threat. I stated that because they mentioned "lawsuit" ..... I am required to forward it to my attorney for their council (needless to say I did not refer ) . Never heard from him again --96.61.xx.xx




Deposit Dispute (by Ryan [MI]) Posted on: Jun 13, 2016 5:26 AM
Message:

I would meet somewhere in the middle and move on with it. --104.128.xxx.x




Deposit Dispute (by Wilma [PA]) Posted on: Jun 13, 2016 10:50 AM
Message:

I've had the "law suit" threat. As I knew that I had communicated properly and had documentation to prove it, I've said, "Go right ahead."

They are usually blowing smoke saying that - hoping to scare you. Once they see how much it costs them to file, and they see that lease clause I have about no one (LL or tenant) getting their filing fees back, they go away quietly.

I agree that you should provide physical pics next time - Brad (20,000) is the king of getting decisions in his favor because he is so thorough. --71.175.xxx.xxx




Deposit Dispute (by LoriC [CO]) Posted on: Jun 13, 2016 11:57 AM
Message:

I do like Brad does:) In addition to including photos of filth/damage, in my accounting/deposit return letter, I also copy and paste the section of the lease where it states that the unit is to be returned in the same spotlessly clean, undamaged condition as at move-in and remind them that I have many photos of the before move-in condition to show the judge also.

I have also been known to say "go right ahead". So far, knock on wood, that was the last I heard from any blowhard tenant about suing or court, blah, blah, blah.

They know you have them dead-to-rights with pics and their signed lease with proper language. --65.114.xxx.xxx




Deposit Dispute (by Pattyk [MO]) Posted on: Jun 13, 2016 12:41 PM
Message:

How are you communicating with them ? Phone? Call and ask them to explain what going on ? See if u can get a list of important things they believe they were charge for. Yes, try and be fair, did they get any money back ? How much deposit? --66.87.xx.xx




Deposit Dispute (by Mike45 [NV]) Posted on: Jun 13, 2016 1:46 PM
Message:

I am not required to provide photos with the SD Accounting, and I do not.

If there is a dispute after I send the accounting, I will usually send some photos (before and after) of whatever areas the tenant wants to dispute, but the cost to me (time and money) of printing and organizing the photos is too high.

I am never reluctant to go to court over a SD dispute. Threaten me with such a lawsuit, and my answer is "bring it on!"

The few times I have actually gone to trial over one of these disputes, I have a nice album (three of them -- judge, tenant and me) prepared, with before photos on the left face and after photos on the right, so that the judge has both the before and after photos right in front of her. It is pretty dramatic.

--76.3.xxx.xxx




Deposit Dispute (by ntj [GA]) Posted on: Jun 13, 2016 7:09 PM
Message:

@Pattyk - we were communicating via email. She stopped responding and sent me a text saying all further communication would be via mail. Several days later the certified letter.

--24.98.xxx.xx




Deposit Dispute (by Pattyk [MO]) Posted on: Jun 14, 2016 2:41 PM
Message:

Certified mail, you need to reply. If only to acknowledge receiving it. Reply anyway you wish, doesn't have to cost alot of money.

What did you decide to do ? --66.87.xx.xxx




Deposit Dispute (by ntj [GA]) Posted on: Jun 14, 2016 6:55 PM
Message:

Still gathering advice. Finished work tonight, will add up costs and see if my estimates were on or off. Based on conversations to date would prefer to find reasonable way to avoid litigation if possible. --24.98.xxx.xx





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