Walk-thru Completed BUT

Gail_in_Georgia said:
If this helps (as a landlord in Georgia)..
Georgia tends to be a very landlord friendly state. The threat from the tenant out lawsuits is often just a lot of hot air. What you withheld from the security deposit certainly appears reasonable and would hold up in court should these tenants threaten to sue. And, of course, you sent the information and their remaining security deposit well within Georgia's required time limit.
Will your mothers former tenants be happy about what you kept out of the deposit?
No.
Will they threaten?
Probably.
Unless you receive an actual notice from the court that they have filed a lawsuit (typically through Magistrates court) ignore these threats. Don't respond, don't argue and if they call with them, block their numbers.
And just between you and me, someone winning a civil lawsuit doesn't mean they'll ever actually see a penny of this judgment.
Gail
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Thank you, Gail.
I have understood that Georgia is tenant-friendly when it comes to disputes.
I am hoping this is just some noise and I won't hear from them again, but I have documented everything as best I can and feel it's pretty thorough.

I did find mail for them in the box and am planning to take it to the post office with "Not at this address - Return to sender" on it, as they didn't give me a forwarding address. Or would you send that to her ex-husband? (lol)
 
Gail_in_Georgia said:
I'd toss it but you are nicer than I am. If it's junk mail, toss. More important stuff do the "return to sender" business.

Gail
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Thanks.
I thought about tossing it, but "Payment Enclosed" on one envelope and "Billing Statement" on another seemed a little important.
I do try to treat people how I want to be treated in spite of how they treat me. I guess I'm just dumb that way.
I did mark the first batch "Not At This Address" and even went so far as to take it to the PO and hand it across the counter with an explanation that the tenant had moved with no forwarding address and didn't return the key to 'my' box. In the process I was told in no uncertain terms the mail box is the property of the US Postal Service - excuse me!!! (sheesh)
Yesterday I met the letter carrier at the box pod and politely explained that the tenant had moved with no forwarding address and was being ugly to me and he smiled and said he would make sure the mail was returned to sender.
Hopefully there won't be any more mail and fingers crossed that will be the end of it.
 
So it just continues.

I got a text yesterday from the former tenant(something like this - I didn't read it completely so my phone only shows him it was "delivered" and not "read"): "I'm going out and cannot find how much the utilities are. Can you please tell me what they are?"

I had sent two emails informing them both of what the utilities were (one for the gas and one for the electric) and when they were due. They've always gotten them in the past so the "I can't find them" seems incorrect. Whatever.

Since we already sent the letter with the remaining deposit less the outstanding utilities (they're late at this point anyway and I did include late fees on one of them) I did not respond.

Today we got a hand-delivered envelope in mom's mailbox. We have not opened it and don't intend to. I'm guessing that envelope contains the utilities.

Here's my latest question:
Should I forward this un-opened envelope back to the tenant c/o her ex-husband at his address like she instructed me to do with the deposit? That's the only address I have for her.

Thanks for any input.
 
I'd open it. If it's money you've already accounted for in the deduction of deposit then return it certified mail with an explanation that you already accounted for this. If it's a letter threatening stupid stuff... Trash it.
 
mightymoose said:
I'd open it. If it's money you've already accounted for in the deduction of deposit then return it certified mail with an explanation that you already accounted for this. If it's a letter threatening stupid stuff... Trash it.
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I don't have their current address. Would you send it to the ex-husband where I sent the balance of the deposit?
 
I wouldn't send it to anyone but the tenant on the lease. Is that what it was? You opened it?

If it's a check, just don't deposit it. If it's cash, just wait to hear from them once they receive their deposit and see the deductions.

Did you send the deposit to the tenant's ex husband? If they didn't give you a forwarding address you didn't have to send it at all.
 
mightymoose said:
I wouldn't send it to anyone but the tenant on the lease. Is that what it was? You opened it?

If it's a check, just don't deposit it. If it's cash, just wait to hear from them once they receive their deposit and see the deductions.

Did you send the deposit to the tenant's ex husband? If they didn't give you a forwarding address you didn't have to send it at all.
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No, didn't open it.

Sent the balance of the deposit to the tenant in care of her ex-husband as she requested in her move-out notice in a certified letter. According to the Post Office as of now the ex-husband hasn't bothered to pick it up, so I guess we'll see what happens there.

I haven't seen the envelope, but mom is legally blind and can't see well enough to tell if it's a check or not without opening it and I've told her not to open it. I think it's probably a check for the utilities, which were covered by what we withheld from the deposit. I'm planning to put the envelope in the file for just in case we have to go to court.
 
Someone finally did pick up the letter that was sent to the ex-husband's address. I haven't checked to see if they cashed the check or not, but I'm thinking they probably did. I'll check tomorrow and see.

And today I get a threatening e-mail from the boyfriend telling me "there are some problems with your deductions that need to be rectified"
and "All told, between utilities paid and deductions for items that are not the tenants' responsibility, you owe us $219.06 (pending the final accounting on the $11.84 prorated utilities withheld). If we do not have payment in hand by August 24, we will file a claim in Magistrate Court, with photographic evidence, well-established HUD guidelines, and many years of Georgia court rulings in our favor. Should your failure to pay the amounts owed require us to settle this matter in court, we will also sue for court costs and time away from work, given we both get paid by the hour."

$120.84 of it is an uncashed utility check that I can't return because they never gave me a forwarding address, so that drops the amount to $98.22 right off the bat.

They dropped the check off late, so add back in a late fee of $10 for one bill and $15 for the other (that's the charge from the utility companies), plus the actual amount for one of the bills that I under estimated at $8.39 for another $33.39 drops it down to $64.83.

He's still insisting that the fan blade arm that broke was "defective", which I seriously doubt. He misstates in his email that I charged him $48.22 where I really only charged him $32.25. I'm not even sure where he got $48.22 from; it's not in my letter anywhere. I hadn't measured the dang fan and it really ended up being $47.35, but I'll eat the $15.10. I'm still not refunding the $32.25, so the amount now drops to $32.58.

And lastly he wants his $50 back for the large nail holes and the gouge in the wall where the fan blade supposedly hit the wall that I charged him for. The 15 or so nails I pulled out of the wall were 1.5 inches long. I call those large. Anybody else think those are anything but?

I looked it up and to file a claim in Fulton County in the State of Georgia, which you can now do electronically, it $60 for the first person, $8 for each additional person, and $25 for a Marshall fee. So if we just take off the utilities ($120.84) without any late fees his demanded amount ($219.06) the amount he would get drops to $98.22. Hardly seems worth it to me if it would cost him $93 to file.

The funny part about all this is I don't even own the property; my 86-Y-O legally blind widowed mother does.

BUT I am named on the lease as the property manager, so I guess I could be named as a defendant?

I of course have pictures of the nails, the stickers on the walls, the writing where the kids' and mom's heights were noted, the unchanged furnace filter, the stove, bathrooms, floors, etc that were "cleaned" after move-out, the Christmas tree that was still behind the unit in JUNE (yes, it was there!). And I do still have in my possession the BROKEN fan arm and the filthy fan blades that are still in tact. I did throw away the broken 3-year-old mini blinds but I do have pictures of those.

I'm planning to write an email back and let the guy know the following:
1) I haven't returned the utility check because you didn't give me a forwarding addres
2) you owe me a late fee on the utilities
3) you owe me more on the last utility bill I under estimated
4) I still say the fan is not defective and I'm not refunding that, and besides, I didn't even charge you the full amount it costed me to fix it and you misstated what I charged you
5) I stand by the fact that the nails used were LARGE.
6) I did not even discuss the fact of not being notified of maintenance issues requiring attention at the unit, such as the furnace filters not being changed; those were supposed to have been changed monthly and Ms. Lyle was supposed to have been doing that. She agreed to take care of that. I had been doing that and she told me she would. When I took possession of the unit I found the filter to be completely clogged and BLACK, the gutters on the back of the unit being clogged, overflowing when it rained, and the downspouts being clogged in both the front and the back, the upstairs bathtub drain being clogged with hair and nail clippings, the stove and all of the grease, the grout in the bathrooms and kitchen being completely BLACK when I had just re-grouted the bathrooms and cleaned the kitchen before Ms. Lyle moved in.
7) And now you are threatening me with a lawsuit FOR A SECOND TIME.
You obviously don't want to work things out, therefore go ahead and file.
And by the way, give me a forwarding address and I'll send you the uncashed utility check.

I'm going to hold off on this until August 23, (his self-imposed deadline is August 24).
Any comments would be appreciated, and attorneys in the Atlanta area that would like to help me skewer this a-hole for threatening me are welcome to contact me.
 
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First of all they won't get any compensation for time missed from work. They are trying to inflate their claim.

You've done due diligence here. If they want to dispute it they know what to do. If you end up in court just present everything you've outlined here and let a judge decide. Worst case scenario you are out another hundred bucks or so.

Most of these threats are never acted on. Personally I would not respond, however if you are still holding a check of theirs you might respond simply to say that if you are provided an address you will put it in the mail.
 
I tend to agree with mightymoose. And yes, civil cases do not include compensation for time missed from work, travel time, etc.. I've seen folks attempt to include this and judges skewer them for doing so (if you still plan on contacting these folks I certainly wouldn't let them know this).

The idea of simply responding requesting a forwarding address so you may send on the uncashed utility check is appropriate. I'd certainly keep a copy of the note that you send to this former tenant; if they are dumb enough to actually file this will help to show that you did, in "good faith" make the attempt to send this on.

Let us know if these idiots go ahead and file. Keep in mind they may because they appear to seem to think they are relatives of Perry Mason (you probably don't remember that show unless you are ancient like me). Magistrates Court can seem scary but honestly, it really isn't. If they do file we can provide you info on what happens.

Gail
 
Thank you both Gail and Mighty Moose.

I'd debating sending a letter just requesting a forwarding address or a letter disputing the claims or even finding a lawyer to write a response. I realize that would probably be more than the ~$100 net they are asking for, but it would certainly show (IMO) that I mean for this annoyance (harassment?) to stop. I'm not fond of being threatened even once, and this is twice now. I suppose if I were as much of a d**k as he is I could threaten him back with a suit for that.... lol
Geez, isn't that why the courts are so clogged up now?

And yes, I remember "Perry Mason". :) I prefer "vintage" to "ancient".
 
A letter disputing the claim is unproductive. I'd say best to not acknowledge the claim. Having a written record that you tried to return the check could be a benefit to you, but arguing with them is not.
 
mightymoose said:
A letter disputing the claim is unproductive. I'd say best to not acknowledge the claim. Having a written record that you tried to return the check could be a benefit to you, but arguing with them is not.
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Makes sense.
Since I got the "letter" in email I guess asking for a place to return the un-cashed check in email is appropriate?
 
Well it wouldn't make sense to send them a letter in the mail to ask for an address for where to send a check in the mail... So yes, it seems an email reply requesting a mailing address is sufficient.
 
So I sent this in email:
The utility check has not been cashed. A scan of the check is attached. Please send me a forwarding address and I will return the uncashed check to you.

The deduction for the final gas bill was estimated to be $11.84.

The bill covering the period is attached.
The actual amount due is $20.23.​

And got this in return:
It is the 21st.
If we don't have the improperly deducted amount minus the exact utilities by the 24th, I'm filing.
​
Still with no address to return the check to.
I have other larger fish to fry at the moment so I'm to the point of just saying fine, asshat, I'm sending you the uncashed check plus $89.83, which is really about $15 more than I withheld "improperly" in his small mind anyway.

I really think this guy is up against it for money and that's why he's after me for $90.

Can I go after him for harassing me?
 
You won't get anywhere with a harassment complaint.

Yes, you could just fork over the money and forfeit the match. That child end things.

Otherwise you can call his bluff and see if he actually goes to court, go through the motions, and let a judge decide... months from now.
 
Ok. So he wins, but he will have pain with it.

I got a money order and made it out to her, as she's the one who originally put up the deposit.
The mailing address I received was the ex-husband's address, so I sent the money order to the boyfriend with restricted delivery (tee hee).

I accidentally forgot to include the un-cashed utility check (no, I REALLY did forget!!!) so I sent that addressed to her at the ex-husband's address with certified mail but no restricted delivery.

SO lovely boyfriend will have to go to the post office and show ID to pick up a money order that he can't cash.

Hopefully this is the end of the story. If not, I guess I'll see him in court....
 

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