Security Deposit

[khamm]

I have a rental in Fresno, CA. I live in San Francisco. The tenant moved out on 4/1/03. On 4/16/03 I mailed the security deposit (certified mail, return receipt requested) to the address supplied by the tenant. The tenant was not home during the two attempts of delivery (first attempt was made on 4/21/03) by the Postal service. The tenant has filed a small claims action. The postal service has returned my letter showing the dates of attempted delivery and the reason for the letter being returned to me ("unclaimed"). I communicated to the tenant the manner in which the security deposit was being mailed and that I had checked with the postal service and that delivery had been attempted. He has requested that I fax him a copy of the postal markings. I can send him this information today. My question: Can I request that he make arrangements to pick up his security deposit in San Francisco where I live? He remains reluctant to cancel his small claims action and I am reluctant to incur any further expense in returning his security deposit.

 

[Michael Wechsler]

Question -- is there a procedure on the lease for sending the deposit? Does it call for it to be done by registered/certified mail?

If so, I might tell the tenant that if he is willing to sign, in writing, that he will bear the risk of mail without certification or insurance, it should be fine. I might also demand that I receive an immediate copy of the tenant's dropping of the suit with the court. If he intends to pursue the small claims action, you might state that you would countersue and ask the court for damages and punitive damages. There is no valid dispute since you want to give him the money but he won't accept it.

Question -- why is the tenant going through the trouble of small claims? Is there something we aren't hearing?