Security Deposit is 4 days late, can tenant sue?

[alexamaxine]

What is the name of your state (only U.S. law)?
Montana

My tenants lease was up June 1. The house failed cleaning inspection. Since I didn't have new renters, I wasn't worried about the time frame, and gave the old tenants 2 opportunities to re-clean, they wanted a full refund. It finally passed the inspection June 27th. MT law states 30 days to return the security deposit from the lease, and 10 days within passing inspection. I live out of state, the postmark on the deposit will be within 10 days of the 27th, but after July 1st. My tenant is being verbally abusive and threatening legal action. I'm wondering if he has any point at all? I returned the full deposit, what could he sue for? He wants to charge me $10/day for every day that it's late, starting July 1 because he was counting on the deposit to pay his bills, and now he's having to pay late fees.

What is the name of your state (only U.S. law)? Montana

 

[Zigner]

Send the check and tell your tenant to pound sand.

http://www.doj.mt.gov/consumer/consumer/tenantslandlords.asp#returndeposits

 

[atomizer]

If the postmark is within the 10 day frame, then you should be ok. You are not responsible for the post office delays or delivery schedule. Just ignore the threats.

 

[Zigner]

If the postmark is within the 10 day frame, then you should be ok. You are not responsible for the post office delays or delivery schedule. Just ignore the threats.

Even if it's not within 10 days, it appears that the tenant's remedy is recovery of the ENTIRE deposit. Since our OP is sending the entire deposit anyway, it really doesn't matter

 

[atomizer]

Good point, but tenant may be hoping for big payday by asking the courts for penalties exceeding the amount of the SD.

 

[Remington]

In California they can sue you for the entire deposit and win, check your state law!