This is the condition of the mulched beds in a beautiful home that tenants vacated in July, 2008. I arranged for the beds to be weeded and mulched and sent the tenants the remainder of their security deposit within the 45 day time limit allowed under VA law.
The tenants sued me for $1,200 and the general district court judge awarded them a $500 judgement against me (my corporation). I appealed that decision and the trial was Monday, August 3rd. The tenants presented 45 minutes of testimony and documents * I gave them a written reference and said they were OK tenants * I never told them they needed to mulch and weed (it's in their lease and resident handbook) * I did not give them a chance to come fix the yard (weed and mulch) * I failed to return their deposit within the 45 day period (I mailed and they received within the 45 days) * Yada Yada.....when they handed the judge my Move-Out Closing Statement the judge read the bottom of the statement and ruled in my favor - I was never sworn in and I never testified. My attorney will write the release to get my "bond" of $500 returned to me and vacate the $500 judgement.
This is the wording at the bottom of my Move-Out Closing Statement. By cashing the check for the remainder of their deposit, they agreed to the Offer in Compromise I was presenting to them.....HOORAY!!
This check/statement is tendered as an offer in compromise for the settlement and return of the security deposit held on the Tenant/Payee's tenancy. This offer does not waive, relinquish or diminish the right of the Agent or Property Owner to seek additional monies should the Tenant/Payee reject this offer in any way including but not limited to the filing any legal action with regard to Tenant/Payee's tenancy.
These people were originally represented by an attorney and then represented themselves at the appeal trial.
My suggestion is to have good policies and procedures in place; use a good attorney familiar with your state's landlord-tenant and contract laws; and to APPEAL any judgement when you know the lower court ruled inappropriately.
Wallace S. Gibson, CPM * GIBSON MANAGEMENT GROUP, Ltd.
Central Virginia
LandlordWhisperer
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Tenants are so happy to move in and often so obnoxious and indignent when they move out. I'll never understand that. Congratulations!
CONGRATULATIONS Wallace! I know EXACTLY how you feel! Good work! I actually HATE these court things... but they are just part of property management. We have never lost a case either! Do you mind if we adopt your "end of the security deposit refund clause" ? Thanks in advance!
Diane - please do...enjoy!
Wallace,
Seems that I too might need to adapt into our agreements...
so, big hug and thanks for sharing!
Sheila - put the wording on your move-out deposit itemization form so they know if they cash their check, they have agreed. If you put it in your lease, they could say there was confusion
Thanks Wallace!
I like this post! I have used similar wording when returning sec deposits, then I print the cashed check from our bank account to confirm what they did. Works well!
Eric - it is not a restrictive endorsement - it is an offer in compromise so it allows me to sue for additional monies if they elect to reject the offer (check).....we need ALL the tools in our tool box sometimes!!!