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Landlord holding deposit, fight or pay?

GAJ said:
As a small landlord that would never be something I'd personally consider.

Simple gifting with near market rent for me would be the answer to not raise the ire of the irs.
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Size isn't the issues to the IRS: it's how you treat the asset. "Near market" is a judgement call. If anything, I'd worry about that inviting an audit. YMMV.
 
I think I would fight and go after the 3X the deposit penalty... not for the money as much as for a FAFO. What others might see as a waste of time and effort, I would reframe as a form of personal entertainment. :laughing
 
Rtmac said:
I think I would fight and go after the 3X the deposit penalty... not for the money as much as for a FAFO. What others might see as a waste of time and effort, I would reframe as a form of personal entertainment. :laughing
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It's certainly more of a power issue now. Wife pointed out, the couple has 2-3 other properties, plans to move into this one now after a "quick" kitchen remodel while so they can full remodel their current $2 mil home, then move back in a year. Soo.....the $600 from us is pennies to them. The wife is on some trip.

So they got an email and a certified letter in the mail today. Game on!
 
Dubbington said:
It's certainly more of a power issue now. Wife pointed out, the couple has 2-3 other properties, plans to move into this one now after a "quick" kitchen remodel while so they can full remodel their current $2 mil home, then move back in a year. Soo.....the $600 from us is pennies to them. The wife is on some trip.

So they got an email and a certified letter in the mail today. Game on!
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maybe you should send a follow up bottle of lube to make your intentions crystal clear.
 
Dubbington said:
It's certainly more of a power issue now. Wife pointed out, the couple has 2-3 other properties, plans to move into this one now after a "quick" kitchen remodel while so they can full remodel their current $2 mil home, then move back in a year. Soo.....the $600 from us is pennies to them. The wife is on some trip.

So they got an email and a certified letter in the mail today. Game on!
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Fuck YEA! How to I pitch it $5 to keep this show going? (also after its all over please consider listing the address so the rest of us avoid falling into the same landlord trap.... yea that the reason for sure... not because anyone on here would consider riding by and taking a dump on the front lawn every few weeks.... Never)
 
Sharxfan said:
Like the letter but certified mail with a receipt is a must for all legal paperwork as it gives you a paper trail and is CYA so they can't say they didn't get it.
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Yes this is a good idea as well, however is added pain in the ass regarding a persons time. If email or text has been a normal form of communication (reads like it has), sending a certified letter isn't necessary.
 
sidewazzz said:
Yes this is a good idea as well, however is added pain in the ass regarding a persons time. If email or text has been a normal form of communication (reads like it has), sending a certified letter isn't necessary.
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If you want it to hold up in court then certified mail with receipt is the way to go. When I had to send some correspondence to a company my lawyer friend said do it with certified mail because lawyers hate it and can't use the we never got it excuse to duck it as someone has to sign for it. Same if i have to serve someone with papers via the mail.
 
Yes and no...cert letter is not necessary at this point and people have learned do not sign for cert letters. Shoot I just missed one a couple months ago, never went to see what it was and there for has no idea...

When there is a precedent set for accepting communication... you really don't need permission to continue down the same path. Email is time stamped and keeps things in order, text messages get lost and misconstrued in the court.

If this went to court and the other party claims they never got the email about wanting to settle this without going to court... discovery will likely say otherwise and so would the transcript of the initial emails.
 
Dubbington said:
It's certainly more of a power issue now. Wife pointed out, the couple has 2-3 other properties, plans to move into this one now after a "quick" kitchen remodel while so they can full remodel their current $2 mil home, then move back in a year. Soo.....the $600 from us is pennies to them. The wife is on some trip.

So they got an email and a certified letter in the mail today. Game on!
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How much was your house?
 
Would you lose comparable income for day off for small claims court? Judges tend to favor owners. Once only this happened to me, in CA for about the same amount. Court date just meant he had more time to compile/create issues. The new complaint in addition to undisclosed ‘cleaning fees’ was that he claimed the popcorn ceiling above a light fixture was damaged by the wrong watt bulb. We only lived there a year and never changed that bulb in the spare room. Case lost and partner lost a day of work, lose/lose. Better luck to you.
 
HA! Didnt take long. LL is doubling down, not backing down, and sent us our funds minus $600. Sent a countering email, Stated that despite moving out XX date, I had some tools that were still in the garage that indicates not fully vacated and pushed back the full move out date to XX date. However, it still puts them beyond the 21 days when my big tools were moved out so now it's just a matter of time and effort on my part and my wife's part if we want push this more. Gonna decide this weekend. I don't mind missing a day of work, I have plenty of sick leave.
 
easy wind said:
Would you lose comparable income for day off for small claims court? Judges tend to favor owners. Once only this happened to me, in CA for about the same amount. Court date just meant he had more time to compile/create issues. The new complaint in addition to undisclosed ‘cleaning fees’ was that he claimed the popcorn ceiling above a light fixture was damaged by the wrong watt bulb. We only lived there a year and never changed that bulb in the spare room. Case lost and partner lost a day of work, lose/lose. Better luck to you.
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Don't judges lean more to protecting tenants in cali?
 
Well you were using the value of their $2m house as the measure for how they perceive $600, which you say is pennies. So I guess if your house was ohhhhh I dunno like $1m then you'd perceive $600 as being like fifteen cents..?
 
byke said:
Well you were using the value of their $2m house as the measure for how they perceive $600, which you say is pennies. So I guess if your house was ohhhhh I dunno like $1m then you'd perceive $600 as being like fifteen cents..?
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buck fitty
 
Brokenlink said:
buck fitty
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nope-brennan-huff.gif
 
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