Deposit Refund (by fred silva [CA]) Mar 22, 2018 7:37 AM
Deposit Refund (by WMH [NC]) Mar 22, 2018 8:01 AM
Deposit Refund (by S i d [MO]) Mar 22, 2018 8:04 AM
Deposit Refund (by Moshe [CA]) Mar 22, 2018 9:21 AM
Deposit Refund (by Robert J [CA]) Mar 22, 2018 10:04 AM
Deposit Refund (by Patrick [VA]) Mar 23, 2018 4:29 AM
Deposit Refund (by plenty [MO]) Mar 23, 2018 5:38 AM
Deposit Refund (by fred silva [CA]) Posted on: Mar 22, 2018 7:37 AM Message:
A tenant moved out after the lease expired, then left the country.
His dad who was not on the lease, asked me for the SD.
I said NO. I asked for a letter from the tenant, authorizing his dad to take the SD.
It took dad a while, but he did just so.
Correct or incorrect?
--99.59.x.xxx |
Deposit Refund (by WMH [NC]) Posted on: Mar 22, 2018 8:01 AM Message:
Yikes. I wouldn't do it. I would have requested a forwarding address and sent it to the tenant. If that was his father's house, fine. But the check would be made out to the tenant. Let them deal with how to cash it. --50.82.xxx.xx |
Deposit Refund (by S i d [MO]) Posted on: Mar 22, 2018 8:04 AM Message:
Welcome Fred! I assume you're new here...haven't seen you post before.
First, if you used your real name, find a nickname. Why? Liability & potential target painted on your backside. Welcome to the Interwebz, where what you say lives on forever.
Second, correct or incorrect depends on what CA law says about handling security deposits. In general, I say "YES" you did right by not mailing to Dad; however, if by waiting for Dad to get son's info you exceeded the number of days by law in which you have to mail the accounting, then you did wrong. Other CA land lords have posted on this topic before, and 21 days seems to be the consensus view for your time limit.
So you may be both right and wrong. Unfortunately, the wrong will outweigh the right.
If tenant fail t provide a new mailing address (Plan A), then my next step to stay compliant is Plan B: mail it to tenant's last known address. My state's law say that is sufficient.
Typically, the last known address is my rental. Then I pick up the letter if it gets returned and keep it in an unopened envelope showing proof of when/what I did. This Plan may or may not be legal in CA. Time to find out!
Come back often and learn more. This place is great!
. --173.17.xx.xx |
Deposit Refund (by Moshe [CA]) Posted on: Mar 22, 2018 9:21 AM Message:
Ca law says, SD is to be returned to forwarding address given by departing tenant, if no such forwarding address, SD is to be sent to address of the property leased.
It is due to THE TENANT. So, you should have HIS authorization to send it to someone else, but chevk should be made to tenant.
--47.139.xx.xxx |
Deposit Refund (by Robert J [CA]) Posted on: Mar 22, 2018 10:04 AM Message:
Also you needed to ask your tenant two weeks before they moved out if they wanted a pre-move-out inspection. If they said no and you documented it, then you are okay. Otherwise you must refund 100% of their security deposit with no deductions within the 21 day period. Get a proof of mailing with a copy of your refund check. If not, you can owe them 3 times the amount in damages. Read up on the laws.
--47.156.xx.xx |
Deposit Refund (by Patrick [VA]) Posted on: Mar 23, 2018 4:29 AM Message:
The only way I would give it to dad is if he had a Power of Attorney. I would not accept a letter. You dont know who wrote the letter or who signed it.
Most reasonable people would understand your position on wanting the power of attorney. If the son is in jail, or even overseas, getting a power of attorney is not all that burdensome.
It will definitely protect you if son ever comes looking for his SD and trys to say "I didnt authorize you to give that SD to dad, mom, girlfriend, brother". You can reply with "Oh yes you did....Here is a copy of your "Power of Attorney". --96.249.xxx.xx |
Deposit Refund (by plenty [MO]) Posted on: Mar 23, 2018 5:38 AM Message:
You told him what to do. He did it. Now you want don't want to do it! I would need more infor Also, like power of attorney paper. Write the refund check to tenant and give to dad. Keep copies of all. Surely tenant has USA bank account? --99.203.xx.xxx |
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