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The story is kind of confusing so please understand me to…

The story is kind of...
The story is kind of confusing so please understand me to list the events chronologically.
1. The tenant moved in Spring 2016.
2. I purhcased the APT in December 2016. At that time, the property inspection was performed, and I got a report.
3. The tenant moved out on May 01, 2017.
4. I send an itemized list and a check for remaining security deposit after deducting repair cost on May 15, 2017. I calculated the deduction based on the contract between the previous landlord and the tenant and inspection report.
5. She told me that she did not do them.
6. I asked her to send a proof if she was not agree with my deduction.
7. The last conversation was in June.
8. I got an email from the tenant asking me to send another check is not available to deposit on October 3, 2017.
9. I asked her about her current address on October 3,2017.
10. She send me photos to claims that some damages were not by her on October 5, 2017.
11. I told that I would redeem that amount even though it was happened 4 months ago, and asked her to send me an old check on October 6, 2017.
12. She told me that it was damaged and she shredded it.
13. I noticed that I should cancel the check so the cancellation fee should be deducted.
14. And, I got this email from her,
"Please note, there is no need to cancel a check that is shredded. It was in MY name, and I have NOT - and NO longer am able to deposit it.
Please recall that I had requested an itemized estimate prior to receiving any checks. Your choice was to enclose a check to your first itemized estimate. Any choice to cancel it is up to your discretion, and if you do so, you cannot impose charges on me for a choice such as that. As you rent more you will see that it is standard procedure to adjust and reissue checks."Sorry for the long question but what is your advise?
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Answered in 9 hours by:
10/20/2017
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 127,599
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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First of all, just because she says something does not make it so. Just because she claims she destroyed the check does not mean it is destroyed and you need to tell her that it is not your fault she claims she no longer has the check and if she had a dispute she should have returned the check. Tell her that because she did not return the check to you, you have a right to cancel it to protect yourself. She is wrong about reissuing checks without proof the other check is destroyed.

Also, you said you had an inspection done in December 2016, which means you have documentation of the condition of the premises and you can tell her that she is liable for any damage not noted in the inspection.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 127,599
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
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