I had a tenant who was a lawyer. I raised the rent , he said no, not worth the extra money. He wanted me to reconsider, again and again and again. I did not, they moved.

I sent the security deposit/accounting with the required 45 days, via certified mail. Well before the 45 day limit, because I was going to be traveling.

On the 45th day I get an email from him informing me I have 3 days to deliver the entire security deposit in full or he will sue me for 3 times the damages and legal fees.

I respond with I sent it certified mail & happy to see you in court because I will counter sue for additional damages I did not deduct from your security deposit.

I check the receipt with the tracking number for the certified mail. I sent it Nov. 1, Nov 6th it was out for delivery, no update since.

My question is, should I send him the copy of the certified mail receipt with the tracking number , in a hope that the court will see my behavior as 'attempting to be cooperative". Or should I just stop communicating and show up in court with my certified mail receipt. I am comfortable that my obligation is to send the security deposit accounting on time. I have no control over the US postal system.

There is 'bad blood' between us, but in the eyes of the court I want to appear " well behaved". Thoughts???

He's likely bluffing. And he likely would not be awarded any 3x reward even if he tried. Stick to your guns. Any half-witted judge will see through him.

Another reason not to rent to a lawyer...

He is going to sue, no doubt. The security deposit/accounting shows it has not been delivered. I just have proof that it was sent. I don't know if he didn't sign or what but it has not been delivered and he is not just going to forget about it.

What did you send back? Was it a business check or MO or certified? If business check I would advise him that you are stopping payment on the check and will reissue. Would be sure it hasn't been cashed or deposited????

If this is out for delivery-- did he give you the right mailing address and is it still out because he's not accepting anything that has to be signed for-- not unusual with Atty's.

I sent as 'personal check' written on a checking account with my business address. It is "out for delivery" as of Nov. 6th. I am thinking he did not sign for it.

Should I send him a copy of the receipt with the trqacking number, or just wait until court to produce it? What works best for me?

Any information you provide can and will be used against you. Don't give him anything except an acknowledgement that you heard his message that he hasn't gotten it. Tell him you'll send out a second copy, also certified. That way you'll have TWO copies to show the judge.

Laura

The best of luck to you. My story. I purchased a property at tax sale. Have to notify previous owners in a timely manner. I sent notice as required by state law by regular mail and by Certified RRR mail. Got the regular mailed letter back undeliverable but the certified letter is still out for delivery.

What the heck. I sent it May 15, 2018. It is now middle of November. I told the Post Office manager and his supervisor to be ready to go to court and explain to judge what happened. They wanted to just give me a paper (print out of tracking) showing it was out for delivery but I told them that was not good enough.

Like you I did what I could but the Post Office is government.

I wouldn’t tell the guy anything. If you tell him something then he has time to plan his next move against you. If you tell him nothing then he might stop preparing and you may be good to go.

I am returning the some money....how should I handle the money? I will call the post office on Monday, I am thinking he did not sign.

I am wondering about taking the position in court that he is 'trying to shake me down' by not signing and making me thi nk I have missed the 45 day limit. This is why ALL IMPORTANT communication is sent via certified mail!

I would guess that he de deliberately is not picking up the certified mail so that he can sue you, so prepare yourself for a hearing.

You have already notified him that the accounting was sent by certified mail. When the certified mail is returned to you without delivery, don'y open it. Leave that to the judge to do.

After you get the letter returned to you, write again (1st class mail, not certified, but with mailing receipt and your own stamp (not P.O. strip) to the tenant that letter was sent Nov 1, certified, but not picked up by him, what does he want you to do? Don't agree to anything except positive delivery and acceptance at his expense. Don't send the same letter, send a new letter with a new check, keep your own letter with tracking number, certified markings for the judge to see and open himself. Then, if you must go to court, tell the judge what happened, show him 1st certified letter and invite him (judge) to open and see check inside and all dates, and that he never picked it up, and point out that you send new check second time. I think that you will do fine in court.

I would send him the tracking number. Has your check been cashed?

Then if he really hasn't received it, get a written agreement to stop the old check and write him a new one.

I've never sent a deposit back certified. Why would you?

I would give him a call and inform him that you sent it and its showing out for delivery. Keep in mind that all mail (and you may want to tell him) all mail is being checked and rechecked by the P.Office-- that's what's slowing it down. Due to bomb mailings. You have the post mark of when you sent it-- so stand up to this guy.

" Do I have to send a second check? "

I thought that you were concerned about looking that you "wanted to be cooperative". Under that hypothesis, I suggested that you write to the tenant, point out that he declined to pick up the accounting and check (his fault) and ask what he wanted you to do? THEN (only then) if he wants you to send a check, be sure NOT to send the original check in its still-sealed envelope - leave that for the judge to do. And, if you do, don't open the envelope and take out the old check to re-send. Send a new one and preserve your evidence.

If you get your evidence in order, I think that you will do fine in court. I don't think that you will have any trouble to convince a judge that YOU did your job as required by law, and that your ex-tenant is trying to pull a fast one. The fact that he is a lawyer will, in this case, work against him. But its all about the evidence, and your evidence is the unopened letter which the judge can see the evidence that it was sent, and on time, not picked up, and contains the check.

Laura, as you (and many of us here suspect) that your T purposefully did not sign to pick up his check. If true then obviously he should be considered in the wrong, not you.

If I were you I would actually be very diligent in your description with pictures, receipts and descriptions of all the damages charged (and those not charged but could have been). This, of course, will be your evidence for your countersuit.

Laura,

Your post proves another reason why we do not rent to attorneys or their staff.

Standard attorney puffery.

Never assume. Just take the steps you are required to take.

First, what does your state law require of you? MINE says I must MAIL the Deposit Settlement. My responsibility is complete if I can prove I MAILED IT so I use PRIORITY MAIL $6.70, no signature required and provides tracking. I use USPS Click and Ship site, pay with PayPal, print a label, and send it from my office. The carrier logs in the barcode when he picks it up - now postmarked and I get email tracking updates. Overnight locally, 2 day if farther.

Next, did you require a signature? If so this may be him PLAYING you by not accepting or signing. Then he'll say "I never got it". Been scammed that way.

Another check? No.

Sent on the 1st and "out for delivery" on the 6th. Another reason I don't accept rent by mail. Today's the 18th.

Was it delivered?

BRAD

Wait for your certified letter to be returned and keep it, unopened in the tenant's file. If/when the court date comes, show it to the judge. The judge will dismiss the case and yell at this guy for wasting the court's time.

If, as many here suspect, he simply refused to pick up the letter, he will NOT sue you unless he's a complete goofball. He knows he will lose and will become the laughing stock of the courts.

Will Ferrel as George W Bush:

Strategery