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Author Topic: What to do if tenant does not cash refund check?  (Read 1532 times)

Offline ub

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What to do if tenant does not cash refund check?
« on: July 16, 2018, 06:06:50 pm »
Recently, I told my tenant that I did not intend to renew lease to her and she moved out on 31st May. We did walk-through on last day and agreed on a few items that needed repairs. I provided her pictures by cell phone also. I provided letter of explanation for deducting $465 from security deposit and mailed refund check by certified mail on 30th June and also provided copy by email. Tenant was not happy about deduction and said that it was normal wear-and-tear. There was also over payment of 1 month of rent which tenant pointed out on June 30th and I immediately returned on July 2nd (July 1st was Sunday) after deducting $105 ($75 for repair to damaged sprinkler and $30 unpaid rent). I sent both checks by 2 certified mails. It is more than 16 days now and the tenant has not yet cashed any of the checks.

Should I be worried? I am suspecting that the tenant wants to take me to court. What do I do in this case?
Thanks.

Offline A Torres

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Re: What to do if tenant does not cash refund check?
« Reply #1 on: July 31, 2018, 12:38:54 pm »
I am in a similiar situation.  We withheld $400 for several items that needed repair, that were clear violations of the lease agreeement. We sent the check, along with a letter that contained a list of items that were the cause of the charges. Check was mailed- regular mail the day after we returned from walking thru the house, on 7/16.  It is now 15 days later, and the check has still not been cashed.  We sent it to the address that they provided - when they gave us notice to vacate.  The ex-tenants (3 of them) live in two seperate locations, 1 out of state. I dont believe they live at the address they gave us. So, I too am concerned- that the check hasn't been cashed.   

UB has your renters cashed their check, yet ?

Any feedback from other landlord/investors would be appreciated.

Offline Bluemoon06

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Re: What to do if tenant does not cash refund check?
« Reply #2 on: August 07, 2018, 03:24:24 pm »
In mh leases I define who refund checks will go to.  So if I have more than 1 occupant I don't get involved with who pays whom.
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Offline ub

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Re: What to do if tenant does not cash refund check?
« Reply #3 on: August 07, 2018, 08:20:06 pm »
I did get an email from ex-tenant about 10 days ago, asking me my home address. (I use P.O.Box in all correspondence.)
I am suspecting that she wants to have a record trail and/or wants to send me some sort of notice.

So I wanted MY record trail and I replied:
<quote>
Why do you need that?
I also noticed that the 2 checks have not yet been deposited that were sent by certified mail.
(Check # xxxx for security deposit refund and #xxxx for excess rent refund)
<unquote>

No word since then. Neither checks cashed yet.

~UB

Offline javipa

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Re: What to do if tenant does not cash refund check?
« Reply #4 on: August 07, 2018, 11:12:43 pm »
I'm suspicious that the tenant failed to pick up and/or sign for the certified letter.

Certified letters can scare the begeezus out of people, and they will ignore the notice.

As long as you maintain the balance for six months, you've done all you need to do.  After six months banks cannot process the check.

I don't know what your state says about reissuing unprocessed checks, but in California, you're required to send unredeemed funds to the state.

FWIW

So, likely your tenant simply has ignored the certified letter, and is now getting stupid and even more ignorant, and trying to intimidate you.  I would relax.  You've done all you are required.   
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Offline ub

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Re: What to do if tenant does not cash refund check?
« Reply #5 on: August 09, 2018, 09:20:35 pm »
As expected, she has sued me in small claims court for ( $465 + $105 = )  $570 + court fees + credit card interest on her mastercard because she could not deposit the checks as landlord was getting sued. ( I did not know you could refuse to deposit the checks and then sue for credit card interest, very interesting  :bs
What next?  :banghead
« Last Edit: August 09, 2018, 09:22:12 pm by ub »

Offline AR Blogger

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Re: What to do if tenant does not cash refund check?
« Reply #6 on: November 04, 2018, 05:00:16 am »
I'm curious how it turned out.  Did the judge get pissed when she tacked on the CC interest?  I'm guessing that didn't win her any sympathy from the judge.

 




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