Security Deposit Ramblings
Finally, he's gone. I had to go to court to get rid of a deadbeat drunk tenant that I inherited when I purchased a property back in February. Everything went great in court. The only problem was that I couldn't get a judgment for him to have to pay for lawyer’s fees and court costs. He already has three garnishments on his wages from previous judgments and I guess one more would have just broken the bank.
Anyway, he moved out yesterday as per judge's orders. Of course he didn't return the keys or leave the apartment in very good shape. Thankfully he lived there for less than a year. So there isn't too much damage. But the kitchen and bathroom still need some major cleaning and his tv seems to have left smoke-like stains on the wall behind where it stood.
He also didn't leave a forwarding address. So I'm thinking about I should say to him if he gets drunk enough to actually call and inquire about his security deposit. Any thoughts?
My guess is he won't call-- a guy with three garnishments understands money he's not going to get back.
But if he does: Was he current in his rent? You got no money judgement? What does your lease say about applying Security Deposits to late rent/etc.?
I do everything by mail. Iowa law states that the tenant must provide the landlord with written notice with a forwarding address. From there I have 30 days to return the deposit.
I itemize and somtimes include copies of receipts for forfeited amounts.
Unfortunately his rent was current. He was only a month behind and the judge made him pay me right there in court. The lease used by the seller was a joke. It doesn't say much of anything. Certainly nothing about outstanding court costs and lawyer fees. The seller rented the apartment to this guy after we had already signed the papers to start the purchase of the property. The other tenants are all pretty good. So I'm willing to bet he wasn't as careful when he selected this guy. I’m not particularly worried about all this. My response is probably going to be something along the lines of, “If you want the security deposit back, we’re going to have to go see that judge again”.