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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27196
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I live in Kootenai county Idaho and rented a house, when my

Customer Question

I live in Kootenai county Idaho and rented a house, when my tenant moved out she told us she had no forwarding address and would call us within 2 weeks to give us an address where we could return the deposit. After we got into the house it was filthy, screens missing, holes in walls, nothing clean, no yard work done. Now, 2 mos later she calls and say's she is visiting here and wants her money back, she never gave us an address to send her any money or dispute it, she says's her phone was smashed. BotXXXXX XXXXXne we had no way to contact her to dipute and she never contacted us until over 2 mos, after she moved. What are our rights on this ?
Submitted: 4 years ago.
Category: Legal
Expert:  LegalKnowledge replied 4 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. The responsibility is up to the tenant to provide the landlord with a forwarding address once they vacate, where they can be reached. Moreover, the tenant should have changed her address with the post office, so any mail would have been forwarded and you could have sent her the notice and the deductions. Absent her doing this and being able to show a valid address was provided, she may have a problem claiming she is entitled to a refund of the deposit. You would have a valid defense and you would have a legal right to deduct from it, any damages and repairs and then would need to return to her the balance of the deposit. If there was money which she would be owed after the deductions, you can try and resolve this with her, by providing her with a list of costs and seeing if she would accept the balance to settle this, to avoid proceeding through court. If she is unwilling to do so, you can always try and provide her now, with the list of deductions, which she would have received had she actually provided you with an address and/or working phone number to be contacted. At this point, you would have a basis to retain and keep a portion or all of the deposit, if it was used to make the repairs and anything left over, should be returned, if possible, to avoid any litigation.

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Expert:  LegalKnowledge replied 4 years ago.
Hi Cheryl. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!