Security deposit??
what can i do as a landlord who did not let evicted tenants know in writing within the 45days that they were not ging to get their security deposit back because of damage they caused to my home ? they are sueing me. p.s i'm 81 years old and on social security.
Answers:
It all depends on your local laws, and the specific facts. I hope you have documentation of the damage they caused as well as receipts for any repairs.
You really need to talk to a lawyer about this. You also need to be familiar with local landlord-tenant law. You shouldn't play the game before you learn the rules.
probably not a lot, if the law states you have 45 days... why didn't you tell them?
You probably don't have a walk through sheet either huh. Just take pictures of the damage, if you haven't already. And if you already had the damages repaired without taking pictures you will probably have to return the money. If you don't have the money in an escrow account for safe keeping you could be fined severely for the violation, there are laws you have to abide by to be a landlord you know, or should know.
It depends on the laws in your area. In some states, within 45 days after a tenant leaves, you are supposed to return the security deposit minus the cost of repairing any damages AND send the tenant a list which details the exact damages and costs. This is very important because failure to do this within the required period of time is considered an automatic waiver of your right to keep any part of the security deposit. And in some places (like Michigan, for instance) you could be sued for DOUBLE the amount of the security deposit you withheld. You may or may not be required to have kept the deposit in an escrow account where it can only be released by a court order (again, this depends on your state). You really need to contact a housing attorney on this immediately, and you should consult with him/her again before getting any new tenants so that you know exactly what all your rights and responsibilities are, and ask him for tips on how to properly conduct background checks on them. My guess is that you've always been lucky up til now and had reasonable tenants before, but now these jerks came along and caught you completely by surprise. Believe me, I know the feeling. Tenants have all the rights these days, and you're a sitting duck if you don't know how to protect yourself and you wind up stuck with a malicious troublemaker on your property.
After you evicted your tenants, did they call you or mail you their new address so you could contact them? If not, then that would be a legally valid reason for not sending them the repair list and you would be protected. All I can say at this point is that it might help your case if you go through the apartment and make a list NOW of everything that had to be repaired as well as the costs, attach any work receipts, and take plenty of photos. And if you took any pictures of what the apartment looked like BEFORE those yahoos moved in (which you really should do anytime you get new tenants), bring those to your lawyer too. Best of luck!
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