Security deposit refund late; illegal late fee?? (apartment)

[newlandlord]

the problem here is that she did get her deposit. And when I told her when I was sending it she stated "no problem."

Less rent, utilities - which she asked me to deduct from her deposit, and a late fee, which she agreed to.

Her only dispute now is:
1) the late fee, which I have no problem refunding, and
2) that the refund is late. (9 days)

my question is... whether she is now entitled to more if the payment is sent late??

or if i am now prevented from deducting past due rent and utilities.

[Paula Lynn]

This is a tough one. Most judges are pro tenant. The first question judges will ask a landlord/manager is "did you send them an itemization within 21 days". I've seen managers lose immediately if they said no. They had to give the tenant back the full deposit even tho the landlord had legitimate deductions. And tenants can ask for additional damages, although I have never seen a judge award it.

[ibarrio]

The best bet is to get legal advice in your area and do what they tell you...even if that means coming out of your pocket for the rest of the money.

And you might as well get the advice now because if you go to court you will need it anyways. I do not think legal advice from a message board is sufficient.

Or you can avoid the whole thing and give the money and Chalk it up as a learning experience.

[Ultrarunner]

If it were me and if I choose to pay her, I would write on the back of the check something to the effect... Endorsement acknowledges return of security deposit balance due for "123 Maple Street move out on XYZ Date.

My check would also be accompanied by a short one line letter stating, per our conversation, I am returning an additional " X Dollars", check # as settlement in compromise as agreed.

On the other hand, many people threaten to sue and never do. You could choose to let her make the next move and then go to court. You have a 1 in 3 chance that she won't even show up and if she does, you will at least have a few minutes to respond to her allegation.

I've recommended the book "Landlording" by Leigh Robinson to many a new Landlord. You might want to see if your local library has a copy. It is written in very easy to understand prose and filled with lots of practical solutions on being a good Landlord.

[CARefugee]

This is your job. Don't you think you should know what the law is without consulting an internet forum?

[newlandlord]

First, I appreciate all the insight from those who have it.

Second.... Carwhoever

I just did it to help out a family member because I was nearby. It was my first and last experience with tenants. believe me in the future I would use a management company.

You presume too much and contribute nothing maybe you should stick to forums where people who lack knowledge don't offend you.

[stickbsgirl]

My husband and I have already moved into a new home with great landlords but every so often we are still threatened from our previous landlord about "repairs" he claimed had to be done to our old house. Mind you, that we signed the lease with the husband, whom I might add never did a walk through with us because he claimed the house was brand new, but I took it upon myself to do one and I documented all the problems. When we moved out which was over 2 months ago, he instead sent his wife. She told us there was no problems and if she found anything she would send me a itemized bill. We have repeadedly tried calling to make sure we were square on the house, to which none of our phone calls were returned. They are now saying that they are going to sue us for damages, but will not provide us any documentation regarding the repairs that they claim needed to be done. I am not sure what to do with this situation???

[KINGSOLID]

Just wanted to say thanks to every body. I have a similar case coming up and this was the major help and definition that i needed..........

[ferretkona]

First you will need to know the laws per your state.
It appears that the normal state has a return of deposit within 21 days of walk thru/evacuation. Any violation of the return should negate any complaint of landlord.

Originally Posted by stickbsgirl

My husband and I have already moved into a new home with great landlords but every so often we are still threatened from our previous landlord about "repairs" he claimed had to be done to our old house. Mind you, that we signed the lease with the husband, whom I might add never did a walk through with us because he claimed the house was brand new, but I took it upon myself to do one and I documented all the problems. When we moved out which was over 2 months ago, he instead sent his wife. She told us there was no problems and if she found anything she would send me a itemized bill. We have repeadedly tried calling to make sure we were square on the house, to which none of our phone calls were returned. They are now saying that they are going to sue us for damages, but will not provide us any documentation regarding the repairs that they claim needed to be done. I am not sure what to do with this situation???

[imhappy]

Does anyone know what a landlord in California can charge for late fees? is there a MAX?
Thanks