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Is the landlord responsible for tracking down a tenant who leaves no
forwarding address and no phone number in order to give an accounting for the
security deposit within the 21-day prescribed timetable?
After the tenant vacates, the landlord has 21 calendar days to provide the
tenant, by personal delivery or postage prepaid first-class mail, with a copy
of an itemized statement indicating the basis for and amount of any security
deposit held and the disposition of that part of the security deposit not
being returned. In addition, any refund must be enclosed. The law was recently
amended to require the landlord to provide copies of “supporting documents”
showing charges incurred and deducted by the landlord for repairing and/or
cleaning the unit. The landlord can now even charge for his or her own time
cleaning and repairing at a reasonable rate for those services. The landlord
must then provide a statement describing the work performed and the rate
charged. When the work is done by someone else, a copy of the invoice must be
submitted to the tenant, and the invoicing must contain the name and address
of the service provider. This itemization requirement applied unless the
combined deductions for repair and cleaning do not exceed $125 or the tenant
has waived his or her right to receive documentation in a signed writing.
The law requires that any mailing of the security deposit refund and
itemization be sent to an address provided by the tenant. If no address has
been provided, the owner must mail it to the vacated unit. In most cases, a
change of address form has been filed with the Post Office, so the tenant will
receive the letter. It is also recommended that a copy of the itemization
statement be sent to any known work address.
DW
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