If I’m charging a former tenant for cleaning and damages, must I provide them with a statement of charges?
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If I’m charging a former tenant for cleaning and damages, must I provide them with a statement of charges?
I have civil court case this week about a tenant that was served with eviction notice. The tenant left the property before the physical eviction took place but still owes me 2 months rent $1,600 a month and there was 1 month left on her lease. Tenant left the house in a pretty bad shape, not normal wear and tear. We had to paint the whole house inside, replace all the carpet and have the house professionally cleaned. Tenant contacted me through email last week claiming that she wanted us to send her proof of why she owes the amount that we’re requesting. Do we need to send her a statement explaining all the fees we’re asking she pay before our case date or do we wait to present these on our case date?
Asked on October 13, 2015 under Real Estate Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you withheld her security deposit, you should have sent proof of what she owed and why at the time you withheld it you therefore should send it now, if you did not previously.
If you did not withhold her deposit including if she did not have a deposit and are simply suing for the money, you do not need to provide the proof ahead of time unless you are in "regular" county court not small claims and she sends you a form document request or set or written questions to which you must respond.
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