No forwarding address given. Keep deposit?

[fearnofish]

Originally Posted by STT Resident

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.

We did fill out the form and it was within a year when the packages were sent. As soon as they were sent I called the local Post Office and told them those packages were sent there and the postmaser assured us they would be forwarded, well they weren't. So go yourself for making an assumption that large.

[fearnofish]

Sent a check in a envelope to the last address, a P.O. Box, we had for her. It was returned a few days later to us saying no such person at this address. So into the house files goes that with the dates written on it.

[PacificFlights]

Originally Posted by fearnofish

Sent a check in a envelope to the last address, a P.O. Box, we had for her. It was returned a few days later to us saying no such person at this address. So into the house files goes that with the dates written on it.

Good start. For now, lets not worry about if you did this within the number of days after vacancy you were reuired to attempt retruning the funds. I think most judges will smack your hand over that but so long as you did make an attempt they may overlook that. However, the law specifically requires theat it must be send via Certfied Mail. Did you use that method or just sent it in a regular envelope by first class mail?

Now assume that you did it via Certfied Mail, the next step is to read the state law on Abandon/Unclaim Funds for the state the premise was located. That will tell you when and how to handle the funds. You may have a certain numbver of days or up to a year or so to retain the money before turning oit over to the State. While at it just make sure that if the law requires that moiney be held in trust with inerest, you are aware of all that.

Many Novice landlords get themself into big trouble because they follow the Landlord Tenant laws and forget that many other laws may cover action the landlord is require to take. Typically if you are caught violating the laws on unclaimed funds, its not some minor small claims court case but could be big civil fines (the minimum I saw for the two states is $2,500.00 plus punative amounts, restitution, court/attorney cost etc) and some states actually make it a criminal offense to steal the money by not turning it over as required.

Once again, its so much easier to follow the law than make it up and get caught.

[Kim in FL]

^^^ I totally agree. He can't..well, ok, he can...just keep her money, but should he? No. He should do what the law expects him to do and turn it over to the state.