I sent ex-tenants deposit statement with a check for their remainder which was not much. Mail was sent 1st class certified without receipt. I just got it back as "unclaimed". Should I attempt to send again by simple 1st class mail with another check and explain 1st letter was sent certified and was unclaimed.

I have my bank to mail checks. It is good proof.

One tenant went to jail. We mailed the deposit back first time, the father called and wanted permission from us for him to cash. No, I did not.

Then she was out of jail and contacted me, Bank mailed the check again, for some reason it was not cashed again.

Lana,

Indiana law says you must SEND it. You did that and can prove it by keeping that envelope unopened. Keep it.

Sketchy people don't sign for certified mail. Could be the reason for "unclaimed". It did not say "not deliverable".

Me? I want to be blameless so nobody can come back 2 years later and sue me. The ex-res' free atty will wiggle and faniggle and find some loophole to penalize you or you'll pay YOUR atty to defend yourself.

I have watched judges charge the LL treble (triple) damages on "mishandled" deposit returns.

I'd work to contact the res and return their deposit so they have absolutely no reason to come back on you.

Text 'Joe, I mailed your deposit but you did not pick it up. Where should I send it?' and keep a copy of that text.

If no answer I'd write a new check and mail it first class or deliver it to his new place or work or his Emergency Contacts.

This is another reason my lease requires 4 Emergency Contacts per adult, so I can call his Granny.

Stay in control.

BRAD

I respectfully disagree with Rathdrum. I would NEVER mail the old unclaimed envelope. I would hold that old unclaimed envelope forever (or for however long I keep old tenant files).

Cut a new check to mail out, if the former T ever contacts you. Keep the old one in your files, never opened until a judge does it in open court.

Just so that I know what is in the envelope when I stumble across it ten years from now, I would staple a copy of the cover letter, Accounting of Security Deposit and check to the outside of the envelope.

I only send using proof of mailing ...not certified where they have to sign. That way, I've got my proof.

Now if they've pi$$ed me off, especially if they're not getting any $$$, I send it certified so they have to take the time to go to the post office and sign.