Tenant left without 30 days notice. Apt was tidy. One scratch on old hardwood floor.

She wants to meet in person for the return of the security deposit this week when the Accounting is due. She will get a major portion of her security deposit back.

1) What do you think about this? Have you ever done it? I never have in 30 years.

2) How long do you have to return the money after the accounting?

I have no desire to stretch it out and want to be done with her.

I will deduct a portion for the floor and could deduct for not giving 30 days notice, or let it go (do not want court drama from her).

Apt is not re-rented yet. So surprising. The sign in the window of this main street duplex is not drawing the responses I usually get.

I don't know anything about NJ, but I assume that their SD law is similar to other states.

It probably says that landlord must SEND (provide, furnish) an itemized statement of deductions from SD and also return any amount not accounted for in the statement, by some specific date. Thats ALL that it says (probably), and thats all that you should give.

The tenant is probably fearful that you are not going to return enough of the deposit, and that a face-to-face meeting will allow her to argue with you. To do that carries no advantage for you.

I would decline her request for a meeting, saying that the laws says that accounting for the SD and refund is due by such-and-such date, and your plan is to comply with the law. Be prepared to defend your deductions in court, or in a letter responding to a written communication from the ex-tenant, but don't get involved with any further arguments, especially verbal ones. It does not work to your advantage, but gives the ex-tenant an opportunity to misquote you.

Excellent advice from Moshe.

There is no "Win" for you in a face-to-face debate about the accounting. Only chances to argue, wheedle, whine, cajole, and complain.

"I'm sorry Ms. Tenant, but we follow company policy and all state laws regarding return of the security deposit. The state and whatever refund is due will be sent to your forwarding address within x-days".

End of discussion. Click. Do not answer letters, emails, texts or voice mails. She will not go to court over this. She did the damages and she knows it.

P.S. I absolutely WOULD charge for lack of 30 days notice.

WHY?

You should value and protect your income. No one else will.

There was a rental agreement that required 30 days notice.

Leaving the place in as good a condition as received was part of the rental agreement she promised to honor, not some "extra credit" she did.

I would NEVER meet with a tenant when I am taking some of their money. You really need an actual bill for fixing a repair before you can take money out of SD. The State of NJ will charge you double the SD and give it to the tenant if the tenant complains.

Be sure you read and follow your state laws. For example, in Missouri you MUST inform the renter of a time for the moveout inspection and allow the renter to be present. However you don't have to return the deposit until later. Usually there is a 30 day time period to send the renter an itemization of all charges to the deposit and return any of the deposit that is left after the charges.

I assume tenant rented month to month. Since she didn't give you 30 days notice, she's liable for rent 30 days pas the date you did receive notice. Perhaps you received notice when you found the apt. was vacant?

Under no circumstances would I meet with her, or any other tenant, to "discuss" the return of the security deposit. Advise tenant she owes you 30 days rent from the date you were on notice that she had abandoned the rental. Make sure you have her current address. Then tell her you will send her an invoice for the damage to the floor, and will see her in small claims court if she fails to pay.

" Do not answer letters, emails, texts or voice mails. "

" Be professional. "

These two pieces of advice are not congruent.

A professional ALWAYS is required to answer for his actions, and to reasonably explain them, in court or out.

When you advise the tenant that the accounting and refund will be sent in due course, you might want to warn that e-mails, texts and voice mails will not be responded to. BUT, you always will need to respond professionally to reasonable written requests for explanation regarding money that you have withheld. To do otherwise will put you at a definite disadvantage in court.

" There's a reason why professional business people act like Pros because they know non-professional action wastes time and invites drama. "

Ignoring a written request for explanation regarding money that you have withheld invites further drama, and drama which is not to your credit. Answer such a letter the same way you would answer it in court.

To Melinda:

A tenant ALWAYS has the right to request an end-of-tenancy walkthrough and to be present at that walkthrough, even if it is not specifically coded into your state statutes. You will be at a definite disadvantage in court if you refuse, with regard to your credibility of damage claims.

On the rare occasions that I have departing tenants from whom I expect such difficulty, I schedule the walkthrough with notice in writing, warning the tenant that the walkthrough will be done AFTER possession of the premises have been returned, and if we are unable to conduct our business in a thoroughly professional manner, then the walkthrough will be terminated and she will be required to leave the premises. A tape recorder is sometimes useful.

Instead of saying that you will not do that again, I suggest that you take and remain in control of the situation.

Kate,

I am happy to meet with them for a walk thru. Sometimes they have been burned by a previous LL and fear not getting their money back.

BUT...

Is the 30 day notice required in your lease? Then I charge for that rent.

And I NEVER do the FINAL walk thru with the resident. I do it on MY time, all by myself, and look in every closet and behind every door. It is too easy to miss something major when trying to be courteous to the resident. The res will often try to distract the LL from problems.

I take 100+ photos with close ups of any problems. The photos don't lie.

I NEVER carry a checkbook BECAUSE I do not want to be pressured into writing a check on the spot. "The office will mail your accounting and any refunds." It's YOUR job to protect YOUR business and the quickest way at this point os to not have the checkbook available.

In my posts on bookkeeping I stress that EVERY check in written on the computer for accounting accuracy and proper reports. Handwritten checks can easily lead to confusion or missed entries.

Stay strong - MANAGE your business.

BRAD

PS

My lease is clear: the move out process is laid out and signed by the res at lease signing. Move out is an every day part of LLing (every res will eventually move out!) so the policies should be thought out and clearly communicated.

When the res gives us notice we copy those pages from the lease and send / deliver them to the res. Makes move outs smoother. (scroll down to see my response to FRANK's post.)

LLs lose a LOT a money by not controlling the move out process. ONE awkward move out can ruin the profit for the entire year.