$$ Due X-tenant Wont Accept Certified Letter Of Accounting

[4BLONDIE]

What is the name of your state? New York

To shorten a very long story, tenant on a mtm agreement left apartment without giving proper (30 day) notice.

He has been calling me about the return of his security deposit. After viewing and repairing all the damage he left in the apartment, he owes me $2500.00 in damages in addiition to forfiting his security deposit for lack of notice.

A letter, along with an accounting of the damages were sent to him within 30 days via certified mail to his new residence, and via regular mail to the apartment address he vacated.

I received the letter back that was sent to his old address via regular mail "unable to forward", and he has not picked up the certified letter sent to his new address (a notice was left by USPS).

Tonight, again I received a phone call from the x-tenant asking about the return of his security deposit. I explained to him that he wasn't getting back his security deposit, and in fact he owed me $money (I did not give him the amount). He is aware that a certified letter was sent to him, and stated that he did not pick it up, that I should have sent it to him regular mail (I wanted proof of sending the accounting within the 30 days)

When I advised him he wasn't getting the deposit back, he started screaming and cursing at me. By the time he got to the 4th "F" word , I hung up on him.

I am almost sure that I will receive the certified letter back unopened and unclaimed.

Since I will have both letters back undelivered I know that he did not receive the accounting. Am I required to track him down to make sure he gets the information and give him the opportunity to pay the damages or just pass "GO" and go directly to small claims court?

 

[Zigner]

What is the name of your state? New York

To shorten a very long story, tenant on a mtm agreement left apartment without giving proper (30 day) notice.

He has been calling me about the return of his security deposit. After viewing and repairing all the damage he left in the apartment, he owes me $2500.00 in damages in addiition to forfiting his security deposit for lack of notice.

A letter, along with an accounting of the damages were sent to him within 30 days via certified mail to his new residence, and via regular mail to the apartment address he vacated.

I received the letter back that was sent to his old address via regular mail "unable to forward", and he has not picked up the certified letter sent to his new address (a notice was left by USPS).

Tonight, again I received a phone call from the x-tenant asking about the return of his security deposit. I explained to him that he wasn't getting back his security deposit, and in fact he owed me $money (I did not give him the amount). He is aware that a certified letter was sent to him, and stated that he did not pick it up, that I should have sent it to him regular mail (I wanted proof of sending the accounting within the 30 days)

When I advised him he wasn't getting the deposit back, he started screaming and cursing at me. By the time he got to the 4th "F" word , I hung up on him.

I am almost sure that I will receive the certified letter back unopened and unclaimed.

Since I will have both letters back undelivered I know that he did not receive the accounting. Am I required to track him down to make sure he gets the information and give him the opportunity to pay the damages or just pass "GO" and go directly to small claims court?

Take the bad guy to court. His refusal to retrieve his mail is NOT your problem.

EDIT:
Ok, I guess it is your problem because you have to deal with it - but you know what I mean

 

[MIRAKALES]

There are no additional requirements to locate the former tenant. Tenant was located but refused to sign for delivery. (LL should have truthfully advised tenant that security deposit settlement statement was sent in the unsigned certified mail delivery. That would have obtained a confirmed delivery and signature.) Nevertheless, the certified mail serves as proof of mailing and shows a good faith effort on the part of LL. Tenant will need to be legally served by independent third party in order to initiate SCC. Send all future mailings via certified mail and first class mail (with postal receipt) to both the current residence, leased residence, and place of employment.

 

[BL]

If the tenant gave you a forwarding address , you have tried in good faith to contact him/her about the SD .

If the tenant wants a regular letter to the new address send it . Under your return address put forwarding address requested .

Keep the unopened certified letter if it comes back , any reg. mail that comes back , copies etc .

Keep the SD because of improper or no notice .

You will have to sue for the other damages .

Has he/she even given you a new address ?

It's not your fault if they didn't , or that they haven't changed address through the PO .
________________

RENT SECURITY DEPOSITS

Virtually all leases require tenants to give their landlords a security deposit. The security deposit is usually one month's rent. The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter. A landlord may use the security deposit: (a) as reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment; or (b) as reimbursement for any unpaid rent.

Landlords, regardless of the number of units in the building, must treat the deposits as trust funds belonging to their tenants and they may not co-mingle deposits with their own money. Landlords of buildings with six or more apartments must put all security deposits in New York bank accounts earning interest at the prevailing rate. Each tenant must be informed in writing of the bank's name and address and the amount of the deposit. Landlords are entitled to annual administrative expenses of 1% of the deposit. All other interest earned on the deposits belongs to the tenants. Tenants must be given the option of having this interest paid to them annually, applied to rent, or paid at the end of the lease term. If the building has fewer than six apartments, a landlord who voluntarily places the security deposits in an interest bearing bank account must also follow these rules. For example: A tenant pays a security deposit of $400. The landlord places the deposit in an interest bearing bank account paying 2.5%. At the end of the year the account will have earned interest of $10.00. The tenant is entitled to $6.00 and the landlord may retain $4.00, 1% of the deposit, as an administrative fee.

If the building is sold, the landlord must transfer all security deposits to the new owner within five days, or return the security deposits to the tenants. Landlords must notify the tenants, by registered or certified mail, of the name and address of the new owner. Purchasers of rent stabilized buildings are directly responsible to tenants for the return of security deposits and any interest. This responsibility exists whether or not the new owner received the security deposits from the former landlord.

Purchasers of rent-controlled buildings or buildings containing six or more apartments where tenants have written leases are directly responsible to tenants for the return of security deposits and interest in cases where the purchaser has "actual knowledge" of the security deposits. The law defines specifically when a new owner is deemed to have "actual knowledge" of the security deposits.

When problems arise, tenants should first try to resolve them with the landlord before taking other action. If a dispute cannot be resolved, tenants may contact the nearest local office of the Attorney General, listed at the end of this booklet. (General Obligations Law, Article 7)

 

[FarmerJ]

In other words when you go to sue him If the notice is mailed directly from the court clerks desk let him claim he didnt get the notice , IF they dont mail them out directly from the clerks desk then go to your county sherrifs dept and have them serve it , YES you get to pay for that too BUT no court will listen to any argument made in court claiming a notice was not served IF the sheriffs dept is paid to do it.

 

[ecmst12]

I don't understand why you didn't sent the certified and regular copies BOTH to his new address. Since you knew that's where he was. But your cert mail receipt is enough proof for court. The post office will hold it for at least a month before sending it back unclaimed.

 

[4BLONDIE]

Thanks for the replies. I will see if he will accept the certified letter now that he knows what it is (I have been tracking it thriugh USPS).