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Demand Letter

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alphanumericone

Junior Member
California

I had a tenant break the lease several months early and leave the property a mess.
Although I have turned over the property quickly, the entirety of the security deposit I had on hand was exhausted, and then some.
I plan on including all my documentation and accounting of how the money was spent as well as a letter demanding payment of the outstanding amount they owe.
What time frame should I give for them to address the outstanding balance?
Is there specific wording that needs to be included in the demand letter?

bg
 


Zigner

Senior Member, Non-Attorney
California

I had a tenant break the lease several months early and leave the property a mess.
Although I have turned over the property quickly, the entirety of the security deposit I had on hand was exhausted, and then some.
I plan on including all my documentation and accounting of how the money was spent as well as a letter demanding payment of the outstanding amount they owe.
What time frame should I give for them to address the outstanding balance?
Is there specific wording that needs to be included in the demand letter?

bg

How long ago did they move out? Have you sent the accounting for the deposit yet?
 

alphanumericone

Junior Member
How long ago did they move out? Have you sent the accounting for the deposit yet?
They moved out Jan 31.
I sent the accounting as of Feb. 19 (not all work was completed, but I provided estimates for that which was not done yet), but it was returned stating the address they provided was vacant. I have another thread concerning this.

What process would you recommend at this point?

bg
 

Zigner

Senior Member, Non-Attorney
They moved out Jan 31.
I sent the accounting as of Feb. 19 (not all work was completed, but I provided estimates for that which was not done yet), but it was returned stating the address they provided was vacant. I have another thread concerning this.

What process would you recommend at this point?

bg
That is why we ask that you keep your related questions in the same thread.

If you have their forwarding address in writing, then I would send a final accounting and give them a reasonable time after receipt to reply. "Reasonable" is subjective, but I would suggest that 14 days is minimum, with 21-30 days being unlikely to cause anybody to bat an eye. At that point, if they haven't responded, you can go ahead and file suit. Leave the returned mail sealed and hold on to it to prove to the court that you complied with the law. Additionally, I would send these items certified mail, at the very least. You may also wish to request a return receipt.
 

Zigner

Senior Member, Non-Attorney
I found a great wizard for creating a demand letter on the California website.
http://www.courts.ca.gov/11145.htm

bg
Your final accounting IS your demand.

But, if you want to also use that wizard to create a separate demand letter, go for it. It seems legitimate since it's from the court web site.
 

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