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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Legal
Satisfied Customers: 10607
Experience:  30 years experience corporate, litigation, international
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Hi, I just got a letter from my former tenants (who recently

Resolved Question:

Hi,

I just got a letter from my former tenant's (who recently moved out) lawyer asking us to pay an additional $500 on top of the security deposit that i've already refunded (which he has accepted). They are asking for this because we were about 3 days late in refunding the security deposit (we refunded in 24 days instead of 21 after they vacated the premise).

Please suggest as to the next course of action? Should i pay this amount or settle for less or not pay at all? I feel it is unfair of them to ask for this money for only a delay of about 3 days.
Submitted: 6 years ago.
Category: Legal
Expert:  Richard - Bizlaw replied 6 years ago.

bizlaw :

Did you mail the security deposit in 21 days or 24 days? Why was it late if sent after the 21 days? Was there ever any issue about paying all the security deposit?

JACUSTOMER-hrkzmmjz- :

They moved out on Dec 1, 2010. I send them check in Dec 23, 2010 (( Post mark). They received on December 27, 2010. The original deposit was for the amount of 3000. I had send them back 2900 USD and "Move out Closing Statement". The 100 USD was withhold as it involved the damaged " Laundry Room floor stained". The the reason why we mailed late 1. My wife had injury 2. We had to go to Houston ( out of town) on Dec 18, 2010 due to her injury and family emergency. I returned from houston on Dec 23, 2010 ( I have proof in my plain ticket) . On same date i send cashier's check ( Dated Dec 23, via certified mail using return receipt service). They are claiming 500 USD because they received deposit late. We even attempted to send by Fed ex overnight on Dec 23, but since Fedex don't deliver on PO box we send using USPS. We also notified them on Dec 26 status of security deposit with apology for the late payment. Our Managers also told them on Dec 22 that deposit is on its way.

JACUSTOMER-hrkzmmjz- :

here is the letter his attorney has send it to us . I will send two documents to you.

JACUSTOMER-hrkzmmjz- :

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bizlaw :

I would not pay them anything. The standard for being late is bad faith and the fines can be up to $600. I do not see any bad faith and you were one day late not three, it was to be sent on Dec. 22 which is 21 days after they moved out. If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.
This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.
This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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