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Old 11-30-2011, 05:06 PM
 
16,376 posts, read 22,358,289 times
Reputation: 14391

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Maybe have the realtor text her about the deposit one time. Possibly your texts are not getting to her properly due to technical issues/configuration.

You don't want trouble with this in the future. What if you are charged interest at a high rate because you didn't give the money to the state fund. WHo wants the hassle of dealing with the paperwork for all that anyway.

Give it a better try to get the money to her. Did you attempt to send mail to her box? It would be forwarded to her. Put your return address and it will be returned if it doesn't get forwarded. You need legal proof of the attempt to send the deposit to her. This is your proof. Just checking with the post office as to whether she has a forwarded address is not proper legal proof. Texting her for the address is not legal proof.

If you dont follow the rules you could be liable for 3x the deposit in some states. Most states say if you do not have a forwarding address, you are to send it to the last known address if no new address is given.

I think you want to keep the deposit and are making a half baked attempt at getting it back to her just because she didnt give you her address. You need to make a real attempt and follow the law else you might have a big headache later that nobody wants to deal with.
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Old 12-01-2011, 01:14 PM
 
Location: Heart of Dixie
1,298 posts, read 2,231,444 times
Reputation: 1604
Quote:
Originally Posted by CarlitosBala View Post
I have heard that this is very simple actually.

Cut her a check, and send it, REGISTERED W/ DELIVERY CONFIRMATION to her previous address.. which so happens to be the place that you rent.

If she filled out the mail-forwarding like she is supposed to, then she will get her money. If she didn't, then you can prove that you did everything within your power to get this money to her, should she wake up in a sue-happy mood one of these rainy days.

(Of course, KEEP the unopened envelope once it comes back return-to-sender)

Yes, this is what I would suggest as well, I did this...the girl, was entitled to some money back, but I had some damage that I had deducted, I think she must have been afraid to accept the registered letter thinking she was being sued..It was sent back, and I promptly deposited "her" money and filed the letter, unopened away.
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Old 12-02-2011, 10:59 AM
 
Location: Coeur d'Alene Idaho
804 posts, read 2,880,537 times
Reputation: 548
Quote:
Originally Posted by sware2cod View Post
Maybe have the realtor text her about the deposit one time. Possibly your texts are not getting to her properly due to technical issues/configuration.

... You need legal proof of the attempt to send the deposit to her. This is your proof. Just checking with the post office as to whether she has a forwarded address is not proper legal proof. Texting her for the address is not legal proof.

I think you want to keep the deposit and are making a half baked attempt at getting it back to her just because she didnt give you her address. You need to make a real attempt and follow the law else you might have a big headache later that nobody wants to deal with.
I have contacted the States Attorney General on the matter and got a response saying they will not give legal advice and to contact a lawyer. Frustrating..

This lady is a special case. She did not have a mailbox registered to her at all. The checks for rent we got were automatically deposited from HUD and before she was on HUD the checks were mailed from her parents or her Boyfriends. I am not going to blindly send the check to one of those addresses since they are not on the lease.

If the tenant contacts me or my realtor and asks for the deposit in the next few months I will be more than willing to send it to her.
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Old 12-02-2011, 12:27 PM
 
16,235 posts, read 25,075,722 times
Reputation: 27047
Quote:
Originally Posted by fearnofish View Post
She had a PO box and the town is only 800 people. I called the Post Office and the gal working told me that she closed her PO box but was unaware of a forwarding address.

I know how I would get in contact with her if I had to for legal reasons because she is registered and on State HUD assistance, but I am not going to go through that trouble to return money to her that she apparently does not care about.
Are you positive that She paid the deposit, or the state housing did? I would want to consult an attorney in my area if it were me, before I made the decision to keep the money. Also, I would check on the mailing thing, I can see mailing yourself something, and then opening it. But, opening mail w/ someone else's name on it? Isn't that illegal? My opinion, I would check, if it were me.
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Old 12-02-2011, 01:00 PM
 
Location: Coeur d'Alene Idaho
804 posts, read 2,880,537 times
Reputation: 548
It was her that paid the deposit because she was not on HUD when she first moved in.

People open other peoples mail all the time. We had two Cabelas gift card from our Credit Card points that were sent to two different previous address and both the residents there now opened them and used them. Well attempted to use them because Cabelas cancelled them and put a track on them so they could see who used them (the dollar amount was quite large). Plus my Aunt sent Christmas presents to our old address and the people who live there now did not return them and did not respond to letters sent to them by us and my aunt.
The Postmaster said since it was delivered general mail and we can not prove it was delivered there we could not do pursue charges.
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Old 12-02-2011, 01:26 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,429,325 times
Reputation: 26726
Quote:
Originally Posted by fearnofish View Post
People open other peoples mail all the time. We had two Cabelas gift card from our Credit Card points that were sent to two different previous address and both the residents there now opened them and used them. Well attempted to use them because Cabelas cancelled them and put a track on them so they could see who used them (the dollar amount was quite large). Plus my Aunt sent Christmas presents to our old address and the people who live there now did not return them and did not respond to letters sent to them by us and my aunt.
The Postmaster said since it was delivered general mail and we can not prove it was delivered there we could not do pursue charges.
When you move, why don't you advise USPS of a forwarding address? Seriously, what is so difficult about filling out a simple form? No, people don't open other people's mail all the time. That's a Federal offense. But people who can't be bothered to fill out a simple form have no right to sit back when the mail sent to the old address DOES get tampered with nor get their knickers in a twist when the USPS employees decline responsibility.
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Old 12-02-2011, 02:05 PM
 
4,918 posts, read 22,603,686 times
Reputation: 6302
Quote:
Originally Posted by fearnofish View Post
If the tenant contacts me or my realtor and asks for the deposit in the next few months I will be more than willing to send it to her.
You are digging your own hole that you may not be able to get out of withiut a hefty cost. Are you asking for advice or are you just telling us what you want to do?

Since i don;t know what state the property was in, I;ll use your profile as a guide. here are the general rules in both Idaho and washington:

Idaho: BY LAW you are required to return any security deposit to the tenant within 21 days of them vacating the property. You do this by mailing certifed mail return receipt the deposit along with an accounting of amount being withheld to the last known (or forwarding address) of the tenant. The law does not care one bit what you think is the proper way of doing this or what you feel is proper is deciding what their address is. You retrun it within 21 days or you are legally liable for as much as 3 times the deposit of the tenant sues you for it.

If the letter is returned as undeliverable, you next follow the state law on abandon/unclaimed property. You will be required BY LAW to file with and turn over the mony to the Idaho State Tresures Office. If you fail to do so and that tenant every comes back claimingt he money, you can be fined civil penalties for violating the law.

Washington: BY LAW you are required to return any security deposit to the tenant within 14 days of them vacating the property. You do this by mailing certifed mail return receipt the deposit along with an accounting of amount being withheld to the last known (or forwarding address) of the tenant. The law does not care one bit what you think is the proper way of doing this or what you feel is proper is deciding what their address is. You return it within 14 days or you are legally liable for as much as 2 times the deposit if the tenant sues you for it.

If the letter is returned as undeliverable, you next follow the state law on abandon/unclaimed property. You will be required BY LAW to file with and turn over the mony to the Washington Dept of Revenue. If you fail to do so and that tenant ever comes back claiming the money, you can be fined civil penalties for violating the law.

Now you have to ask yourself, are you willing to risk fines, penalties, court cost, and their attorney fees because you want to create your own version of the law?
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Old 12-02-2011, 02:17 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,429,325 times
Reputation: 26726
Quote:
Originally Posted by PacificFlights View Post
Now you have to ask yourself, are you willing to risk fines, penalties, court cost, and their attorney fees because you want to create your own version of the law?
Save breath and energy.
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Old 12-03-2011, 12:22 PM
 
Location: Austin, TX
16,787 posts, read 48,822,728 times
Reputation: 9477
Quote:
Originally Posted by PacificFlights View Post
You are digging your own hole that you may not be able to get out of withiut a hefty cost. Are you asking for advice or are you just telling us what you want to do?

Since i don;t know what state the property was in, I;ll use your profile as a guide. here are the general rules in both Idaho and washington:

Idaho: BY LAW you are required to return any security deposit to the tenant within 21 days of them vacating the property. You do this by mailing certifed mail return receipt the deposit along with an accounting of amount being withheld to the last known (or forwarding address) of the tenant. The law does not care one bit what you think is the proper way of doing this or what you feel is proper is deciding what their address is. You retrun it within 21 days or you are legally liable for as much as 3 times the deposit of the tenant sues you for it.

If the letter is returned as undeliverable, you next follow the state law on abandon/unclaimed property. You will be required BY LAW to file with and turn over the mony to the Idaho State Tresures Office. If you fail to do so and that tenant every comes back claimingt he money, you can be fined civil penalties for violating the law.

Washington: BY LAW you are required to return any security deposit to the tenant within 14 days of them vacating the property. You do this by mailing certifed mail return receipt the deposit along with an accounting of amount being withheld to the last known (or forwarding address) of the tenant. The law does not care one bit what you think is the proper way of doing this or what you feel is proper is deciding what their address is. You return it within 14 days or you are legally liable for as much as 2 times the deposit if the tenant sues you for it.

If the letter is returned as undeliverable, you next follow the state law on abandon/unclaimed property. You will be required BY LAW to file with and turn over the mony to the Washington Dept of Revenue. If you fail to do so and that tenant ever comes back claiming the money, you can be fined civil penalties for violating the law.

Now you have to ask yourself, are you willing to risk fines, penalties, court cost, and their attorney fees because you want to create your own version of the law?
That is good advice, you should follow it.

Quote:
Originally Posted by fearnofish View Post
I know how I would get in contact with her if I had to for legal reasons because she is registered and on State HUD assistance, but I am not going to go through that trouble to return money to her that she apparently does not care about.
Quote:
Originally Posted by fearnofish View Post
That may be, if so I think I will just hold onto it for safe keeping. Then if at somepoint if she pushes the issue down the road I will let the court decide.
No sense in turning over that large amount of money to have it sit in unclaimed money forever.
Quote:
Originally Posted by fearnofish View Post
If the tenant contacts me or my realtor and asks for the deposit in the next few months I will be more than willing to send it to her.
Sounds like you are making excuses to justify your keeping money that does not belong to you. Get over that temptation and follow the good advice you were given above.
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Old 12-07-2011, 06:07 PM
 
27,206 posts, read 46,526,550 times
Reputation: 15656
Quote:
Originally Posted by fearnofish View Post
We sold a house and the tenant that was in it moved out and does not return phone calls or text messages. She left no forwarding address and would be entitled to her entire security deposit back because she left the place satisfactory. If I have no address I have no means of returning her deposit and I am sure not going to keep trying to hunt her down to give her money back.
I have an email into the Minnesota Attorney General on the subject but I thought I would see if anyone on here knew the timefram for when the money just mine because I could not return it to her. I have documented the times and methods I have tried to contact her.
NO WAY!!!!! Not allowed. You have to mail it to e last address known and if the tenant doesn't have a forwarding address than it will be in your mailbox and than you have proof and can keep it...but basically you mail it to your own property by certified mail for proof...if you are lucky than you can keep it, but do it the legal way.
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