I have a tenant who did not provide a new address for the return of the security deposit. It was an acrimonious departure as I declined renewing her lease. She is a game player and I am assuming she thinks I am stupid enough to not send the accounting and she can get 3 times the security deposit.

I will of course send the accounting to the last address I have for her….my address and I will send it certified (with return service requested). It will be returned to me. I will save it as proof I sent it on time.

THIS IS MY QUESTION. She is of course due some of the deposit back. I will have adequate documentation for the deductions I am taking. That is NOT MY CONCERN. My concern is she will win the case & I will get a judgement against me for the amount of the security deposit she is due. I am NOT worried about her getting 3 time she security deposit, as I will have done what I was required to do within the prescribed timeline.

However, she is due $XXX and a court case will result in a judgement against me for the $XXX security deposit due her. I have seen this happen numerous times in court. Landlord ends up with judgement against them for the security amount due to the tenant. Even though the tenant’s actions (or lack of) caused the landlords inability to return the security deposit due the tenant.

MY QUESTION IS: how can I avoid the judgment against me for the security deposit she is due when I do NOT have a good address to return the money to her.

Send the security deposit accounting less any deduction: damages, unpaid rents, non payment of water and sewage, garbage... to her last known address. That was most likely your units address that she rented. certified mail with return receipt. ALSO if you have a cell phone number AND email address for her send notice of the security deposit and include the certified mail tracking number as well. You will have the documentation from the post office and your texting/email. This will cover you IF she does take you to court.

IF you do nothing then the X tenant will have a clear case against you.

HOWEVER,

I want to be clear. Unless she has already received the security deposit money she will win the case, I have seen it in court multiple times before. As I stated originally, I will send the account via certified mail- return service requested to the last address I have for her- my rental address. But BECAUSE SHE HAS NOT RECEIVED THE sec. deposit money SHE WILL WIN IN COURT. I HAVE SEEN THIS MULTIPLE TIMES IN COURT.

MY QUESTION IS: how can I avoid the judgment against me for the security deposit she is due when I do NOT have a good address to return the money to her.

Laura.. what is the statute process in MD.. for returning..

it.

1st class mail or does MD allow several methods as long as the statatory method is used?

Can you deposit this amount with the court?

Seems like your judge has their own opinion on this, as you say?

I sent my X-tenant back their security deposit to their last known address, the apartment that they rented from me. This was done within the 21 day allowable period. The refund check and accounting sat in their mailbox for 2 weeks before I retrieved it.

The I went down to my local post office and confirmed, in writing, that my tenant hadn't put in for a change of address. She was dogging collectors.

1. Robert has violated federal law by collecting mail from the mailbox. He should have returned to sender.

2. CA may be different in that CA law specifically directs landlord to send deposit return to address of the vacated property if no forwarding address has been provided.

3. By sending deposit to address of the vacated property, landlord has complied exactly with the law, and with a postal receipt, he is bulletproof in court. Judge does not have power to give refund check, which was submitted as evidence by landlord, to tenant. He can only issue orders for that a defendant pay money to petitioner.

3. Checks are void after 90 days even without a stop payment order.

Not true about void, Moshe. Unless it is stamped on the check, maybe. But I've cashed checks many months old. Even a check with a STOP PAYMENT on it can be cashed if you wait long enough, because the Stop Payment only lasts for so long.

Laura/MD, I'm sorry your courts would not see that sending the check to the last known address is enough. That seems quite incredible and unless it was you saying it, I would have said the previous landlord did something wrong.

Laura,

I don't understand why you call it a judgement against the LL, when a small claim judge says to the LL: return the sec deposit less all expenses to tenant.

LL just did that and showed the judge the envelope that came back.

I had this happen to me one time, and the judge's order to return the balance to the tenant, which what I tried to do,

Moshe nailed it- "Judge does not have power to give refund check, which was submitted as evidence by landlord, to tenant. He can only issue orders for that a defendant pay money to petitioner." this results in a PERMANENT court record with a JUDGEMENT for the amount. The fact that you mailed it to last address (your property address) does NOT remove the fact that you still owe the money. It means you will not get any penalties but it DOES NOT remove the fact that you will have a PERMANENT COURT RECORD SHOWING A JUDGEMENT for $XXX on your record. I have seen this several times in action in court.

AGAIN what I am looking for is strategies to avoid getting a court record showing a judgement. JUST MAILING THE CHECK TO THE LAST ADDRESS DOES NOT SOLVE THE PROBLEM of avoiding a JUDGEMENT on your record.

FYI...if you pay it right away (i.e. choosing to hand over the check) then is record will show PAID so it does not end up on your credit report.

If no address given by tennat to you to return deposit- you return it to THEIR LAST KNOWN ADDRESS that be the rental.

as far as judgement. if you don't go to court - its automatic win for plaintiff (your tenant). Judge will find in their favor since your not there. that gets recorded as judgment against you and your right that can hurt you credit wise. The judgement, on the other hand, can't be collected on unless there has been PERSONEL SERVICE" that means a server for th ecourt located you and will swear you were served. Thats when the garnishment can start. So your on the court record for the no show in court and guilty but can't be collected on unless your personally served.

Laura, I get what you're saying. If you pay immediately, here, the judgment would stay at the magistrate/small claims level and wouldn't be picked up by the credit bureaus. It would show that it was settled/satisfied/paid in full/whatever that same day and anyone looking at it would know what happened. In other words, a nonissue.