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Interesting

Posted by nfllifer (My Page) on
Tue, May 6, 08 at 22:53

Hey all! I use to post on here all the time but have taken a break for the past couple of years.... LOL

Second child was born, I took on a few more units to manage, and my full time job of selling foreclosed homes has exploded!

I thought of this board today as I mentioned this story when I was active. Came and recognized a few names so thought I'd follow up.

In 2005 I had two tenants living in different apartments. Guy was a dead beat and did thousands of dollars worth of damage to my unit. Prior to moving out he got a tenant in a different building pregnant. She moved in with him, not giving any notice. Kept her deposit, and she still owes $685.

She wouldn't give me her address when moving and said it was fine to keep her deposit. I asked for the address a few times as I wanted to go by the law and send her a letter as to why I was keeping it. In my state (MN) I get 21 days to do this.

Now almost 3 years later she calls today asking for her deposit! I laugh say you still owe me money. She quotes the law about 21 days or doubling the deposit. I reply with I never was given an address. She lies and says I gave it to you! My reply is "no, you didn't want me to know where XXXXXX was living with you to keep the collection agents away.

Anyway it didn't go good, and I'm hoping its an easy court trip. Hopefully for my sake her statute of limitations has expired. Either way I should win, but I'll have to dig up receipts and records from 3 years ago.

Sounds like a 8 hour job!

Anyway, hope this note finds all of you in good health and in GREAT homes! I'll try to stop in once and a while.


Follow-Up Postings:

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RE: Interesting

Hi! I always read, hardly posted. It doesn't seem like you even left, I'm so used to seeing your username! Good luck with all of that. I think it's a slam dunk for you.


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RE: Interesting

I went back and checked. Guess I was only gone a year, not two. LOL

Anyway, talked with the attorney. Its really a gray area of law in my state. It's a civil matter meaning she would have 6 years to sue. However the deposit statute is written very poorly, and has been interpreted differently by different judges.

According to the law/ lawyer, the 21 days I have to return the deposit is after getting the forwarding address. The law also refers to this 21 day time frame for me getting the address from the tenant. In other words if a tenant doesn't give me a forwarding address in 21 days I keep the deposit.

I don't think thats how the law was intended, I can see how a judge can rule either way. Now that I have her address I'm going to forward her a copy of her lease, an invoice for what she owes, and all other materials. I've already written this debt off, but seeing that I also have 6 years, I may be trying to collect if she makes me mad again.


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RE: Interesting

Hi, I don't normally post here, but usually lurk. Thought I'd put my two cents in.

I just saw, about a week ago or two ago, a "People's Court" episode exactly like you have explained...The tenant never gave the landlord a new address, left the place with minor damages, and was sueing for the deposit. The judge told the landlord that he should have mailed a certified letter to the old address to show that the landlord had made the effort. The landlord lost and the tenant was awarded for DOUBLE the deposit.

Hopefully, this will not be the case for you. Good luck.


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