The couple of times a tenant has left owing me money, they have actually paid, so this is new to me. My last move-out owes over $600 beyond the security deposit. Acknowledged by text that the accounting was received. No indication of willingness to pay. I'm thinking I need to start by sending another notice with a specific due date. Original deposit accounting said "send payment immediately". It's been 1 month, so I'm thinking due date in..what?....1 more month? or else further legal steps will be taken?

Can you help me out a little with the wording?

I might end up contacting my lawyer, even though it would probably cost more than she owes - just for the education.

Perhaps have him send a letter?

Thanks in advance for sharing your experience & advice

Send him a bill and send a copy of it to his emergency contacts, c/o him.

DJ, the answers to your questions are of interest to us all but are largely state specific.

Yes, I may have to go to court to get a judgement - if nothing more than for the principle. However, hoping maybe a well-worded letter can inspire some action.

Even though I want all that is owed me, I will consider the discount option if needed. May be better than court costs. Just not sure yet.

DJ,

What did your deposit settlement paperwork say?

Mine gives them a 10 deadline to pay or make payment arrangements to avoid court.

You will not get a response (to anything) until you set a deadline that carries some pain.

PROPERTY MANAGERS ARE DEBT COLLECTORS

The FDCPA applies to all “debt collectors,” defined as “any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.” Consequently, nearly all residential property managers who collect back rent or damages from residential tenants will be considered debt collectors, subject to the FDCPA.

NC investor, doesn't that apply more to third-party collectors? It has worked for me numerous times and I will continue to walk the fine line with this until I can't anymore.

A private LL or a PM acting on behalf of a private LL does have more latitude but that doesn't mean you can disclose private information. So if you contact the parent, GF, company, etc. you can ask for address, phone number , etc but you cannot disclose that they own you money. If asked you can only say that it is a personal matter.

And, just like LL/tenant laws some states have stricter rules regarding debt collection than the Feds so you need to know the local laws on that front as well.

The fact that you have it written in your lease may or may not be enforceable. Our release form for the credit application has a clause that I am allowed to check their credit reports for as long as we still have a fiduciary relationship...meaning long after they leave and owe me money. And that clause was added only after my atty. insisted on it since most releases are limited to the time of signing.

I have to continue to do what works for me, because it's working.

If anyone is worried about that, I would suggest addressing it to the tenant at the address of the emergency contact.

I send a payment agreement with the deposit accounting and another when I get a judgment. My form has a deadline for the form to be signed and returned and another deadline for the payment to be made. Since it is tax time now, I would give a deadline early next month for the full payment on your debtor's balance.