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Did you do a move-in checklist with her? can you prove she damaged the floor? Your option might be to bring a claim against her in small claims court, but that costs money and emotional energy and frankly, I think your best option is to accept her offer of $100, give her a new check, and consider it a fairly inexpensive lesson learned. If you go to court she will bring up the canceled check and the whole "eviction process" which I am not sure was done legally at all. Peace and resolution is worth their weight in gold, IMO.
I did not evict her. We had an argument and decided she needs to leave.
In front of the cop I told her to reimbursement for rent if nothing else than the door frames are damaged. I don't know if that counts as prove that nothing else was broken at that point. The floor got damaged while she moved out.
I just took off work tomorrow and go to the base to the legal office
Haven't you watched enough Judge Judy's to know? Just kidding.
Seriously though, you agreed to give her the half month of rent back. The fact that you did not collect a security deposit is your problem. You cannot unilaterally decide afterward that you want to take part of the half month rent and use it for damages. If you have damages above and beyond the security deposit (in your case zero security deposit) then you should file a small claims and sue her for damages, not unilaterally decide that you will keep some amount of the rent money you initially said you would return.
That said, you are exacerbating the problem. You say that you want her out and don't want to sir up trouble, but look what you are doing... thinking about going to her C.O., canceling the check, wanting to keep partial rent money when you didn't take a security deposit in the first place. So if you really did "just want to get rid of her" you should have returned the half month rent and taken the $100 for the minor damage.
Instead you are still dealing with her over a petty amount of money on some principle you find more important than simply moving on.
Not trying to be mean, but really, life is too short. This is silly.
I did not evict her. We had an argument and decided she needs to leave.
In front of the cop I told her to reimbursement for rent if nothing else than the door frames are damaged. I don't know if that counts as prove that nothing else was broken at that point. The floor got damaged while she moved out.
I just took off work tomorrow and go to the base to the legal office
If you didn't give her written 30-days notice to get out, you are in the wrong. Yes, she should pay for damages, but you should reimburse her the rent she paid for the time you didn't let her stay there. She could also take you to court over the check fraud, and the illegal eviction.
And yes, I want to give her the reduced check but I don't know where she is. But now I have to pay $200 repairs, $50 material, changing the door locks, $25 stop payment - so I am not happy with her paying just $100. That doesn't cover it. That means she would have stayed here for free and I got stuck with the bills.
I did not evict her at all. On Sept. 1 we decided together that it is not working out and she said she is leaving asap. On the 10th she promised in front of the cop, she will be out on the 15th, I promised her to give her 1/2 of the rent back, I sent her an email to confirm that. She moved out on the 17th.
I did not know that the bank charges me $25 for the stop payment. I clicked on stop payment, it said ok, and a day later it said, it is $25.
I will leave this forum now and will see what the legal office on base says.
There is ALWAYS a bank charge for a stop cheque payment and $25 is quite normal. It was your decision to stop the cheque so you can't charge that back to your tenant!
You want to charge your tenant for your efforts at committing check fraud (or at the very least lying to her). Not much more to say about that I guess.
Good luck and I hope you get everything you deserve.
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I just called the legal office on base but their opening times are not very nonmilitary friendly and I am not sure if I can get off work to go there.
