Renter up and decided to leave early after 7 months, claimed his girlfriend was having a baby, and didn't want to live at the residence.

I told him he could break the lease if he paid an early lease termination fee, which he did.

However, he also did some other things- took the frame off the upstairs window and left it off (difficult to put back on), broke some screens, dirtied carpet, took showers in bathroom and paint was coming off walls......broke stair treads....left a bunch of trash behind, etc. The missing window pane was a real hit since we had 15 below temps after that and the building lost a lot of heat. He got about 1/3 of his deposit back in a check.

I sent him a statement itemizing everything carefully and a check for the remainder. Then he texts me back, 'Hey, I finally got the deposit statement today. I think I was overcharged.'

I considered telling him to write our email address and we will check into it, but my instinct is not to reply at all, which is what another landlord advised to do. Because once we start this back and forth haggling, its just going to escalate and be an ongoing issue. Plus the more its discussed, the more the renter is going to dig in and feel wronged, etc.

Cease all communication after deposit statement mailed, or try to appease?

" Cease all communication after deposit statement mailed "?

Not very professional. A court might hold it against you.

If you were justified in your charges, then you owe an explanation of why that is the case. If it ever goes to court, you will have to provide this explanation, anyway.

I had prestated what the move out costs would be depending on what was damaged on a sheet, and had him initial that when he signed the lease. Then I referred back to that in the deposit statement. I did have one receipt for something not on that list.

Against my better judgement I replied back and explained again, telling him what he was charged was normal and not out of the ordinary.

You follow what your particular state requires in terms of providing information regarding return of the security deposit.

If you believe you have honestly kept an accurate amount out of the deposit then feel confident in your assessment.

When these issues come up on the legal forums I am on (i.e, the tenant believes he got "taken" by his former landlord on this matter) the question always becomes "do you have evidence to prove that you left the rental unit in good shape and what the landlord is claiming is not justified?" In other words, did the tenant take pictures of the unit at move out to back up their claims?

Invariable, they don't; their nose is just out of joint because they were expecting to receive more (or all) of their security deposit

... then you owe an explanation of why that is the case...

Explanation is "owed" according to the standard of behavior of educated man and women of integrity. If you go to court, judge will expect you to have explained whatever needed to be explained prior to court hearing.

I agree with the others.

Otherwise tenant will just think you did over charge and make them more willing to waste time in court.

Explain it to them like you would to a Judge.

Do you have receipts. Have you offered to at least look at any estimates he wants to provide from a licensed contractor.

By doing this they will often change their own mind once they get some prices. Or at least realize they cant prove you over charged in court.

And you dont have to actually agree if they get lucky and get a low price.

I hope he doesn't read your reply of "nirmal"as he got charged for normal wear and tear. Yikes.

In my opinion, this varies greatly based on state law. My state specifically dictates what happens if the tenant disagrees with the amount deducted from the S/D (and it is then on me to take action once I am informed of that).

However, I tried to look up IL law on this and it appears poorly written. Everything I could find in a quick search refers to 765 ILCS 710 -- which very specifically states that it applies only to "residential real property, containing 5 or more units."

Everything else seems to rely on that section.

Hopefully someone else who better knows IL law can comment on what law applies for a property with LESS than 5 units?

- John...

As long as you sent the security deposit statement within the correct time frame I would tell the tenant to go kick rocks.

I am preparing a statement right now. Under the actual accounting, showing the charges, I am including a written narrative as to WHY they were charged for those items.

I am also mentioning things we did NOT charge for, but could have: broken door jam that they repaired (but it's still a repair, not unbroken as it was when they moved in.) Missing shower curtain and rings, provided new when they moved in. Cleaning the HVAC filter. Broken blind. Bent screen. These are minor things, except for the door jam, and they were overall good tenants so we are not charging them.

if it went to court, they would have to admit to all of those things as well as the actual line item charges.

If my former tenant told me the believed they were overcharged, I would ask them what they believe is incorrect on the damage statement. I have done this before and received no response, they didn't like the total, but couldn't point to any line item they disagreed with.

Buying clothes with a receipt listing the cost by item is not equivalent to receiving a list of repairs when the recipient probably has no idea of the cost of materials or labor.

Having a tenant question a deduction is not an unreasonable request...it is their money. I have had tenants question costs even though the explanation and receipts were attached. My explaining it to them was all they really wanted and it ended there.

You have a choice. You can respond to his inquiry or you can choose to stonewall him which will probably irritate him thereby increasing the odds of you going to court over it.