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?
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?