Should I be worried if my tenants claim thatI did not return their security deposit?

UPDATED: Aug 2, 2011

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Should I be worried if my tenants claim thatI did not return their security deposit?

My last tenants were evicted for non-payment of rent. They were a full month and a half behind, so I kept their security deposit and sent them a claim for it via certified mail. They haven’t gotten the claim because they never changed their address with the USPS. Now he’s calling me saying he filed something with the court about me giving back the security. Should I worry about this? It’s not my fault he didn’t change his address and receive the claim.

Asked on August 2, 2011 Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should be concerned if your former tenants are claiming that you did not return their security deposit, but not worried.

You sent them a claim for the security deposit your former tenants left with you certified mail, return receipt requested at their last known forwarding address given you. It is not your fault that they have not changed their forwarding address with the postal service. You will either receive the letter back or the signed receipt. If so, keep the letter or returned signed receipt for future need.

Presumably the certified letter sent by you to the former tenants regarding their security deposit and unpaid rent complies with the laws of your state as to return of the security deposit in full and if not, a debit from the security deposit for unpaid rent for that month and a half.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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