I hope this correspondence finds you well. As you know, Mr. Hopper moved out of your property on March 31, 2022. Accordingly, under Revised Statute section 3251, you were required to return the deposit of $2,100, which Mr. hhh paid to your prior property manager, Ms. JJJ, by April 30, 2022. As you know, under Louisiana law, you were required to return the full amount of the deposit. As a lessor, you may only retain any portion of the deposit which is “reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises.” In the event of any retention, the statute further requires that you provide an “itemized statement accounting for the proceeds which are retained and giving the reasons therefor.”
As of this date, Mr. HHH has yet to receive the entire deposit which was paid to your former property manager and requests immediate payment of the entire amount. Your retention of $759.00 was improper and constitutes “wrongful withholding” of which Mr. HHH can recover $4,200.00 (two times the deposit) if immediate payment is not made. The document you sent a photograph of to Mr. HHH evidences that your withholding was improper. You cannot charge Mr. HHH for reasonable wear and tear to the home from his four years of tenancy. Specifically, you cannot withhold Mr. HHH’s deposit for carpet cleaning, paint touch up, and other charges of the like. These charges were not outlined in the leasing agreement and cannot be withheld, as supported by several Louisiana cases.
The photographs you sent via text to Mr. HHH are even more perplexing. As I am sure you recall, prior to Mr. HHH moving in, areas of your property were in desolate condition following your last tenant. Mr. HHH promptly notified your prior property manager as well as you personally about the sink issue and various holes in the walls. This is evidenced by your former property managers handwritten notes on the leasing agreement. Despite his request, the sink remained un-repaired and the holes remained un-patched throughout the tenure of his tenancy. Mr. HHH will not pay for those defects which he did not cause and which you did not remedy despite ample notice.
As I noted from a review of the records, you are a CA resident. I am sure it was a dream to have a tenant like Mr. HHH who kept your home in great condition for four years. I am sure you noticed in your most recent visit (whether in accordance with recent appraisals in 2021 or otherwise) that Mr. HHH made several improvements to your house over his four years. He installed blinds, certain ceiling fans, sod, and landscaping in your front yard. Under Louisiana Law, Mr. Hopper has the right to reimbursement from you for the improvements made to your property, or, alternatively, he can remove the improvements. Mr. H has not exercised this right to reimbursement nor did he remove these improvements at the end of his tenancy.
I am sure that your retention of the deposit was inadvertent, and that you did not know the prior assertions of your property manager Ms. J. It has now been more than 60 days since Mr. H vacated the property. Please promptly remit payment of $759.00 or Mr. H will have to consider all remedies.
If it were me, I would just give back the $759. Understood
upto this point you wanted to hang on, but the downside is you can lose more. See the following from the letter. If the tenant can't get the money back, he could just go there and do some legal-allowed damage. On the other hand, if it does go to court, you are remote and if you are not present, you will lose.
Under Louisiana Law, Mr. Hopper has the right to reimbursement from you for the improvements made to your property, or, alternatively, he can remove the improvements. Mr. H has not exercised this right to reimbursement nor did he remove these improvements at the end of his tenancy.
亲们，这是前情提要，我前房客搬走，我扣了他部分押金，我扣的绝对是他搬进来以后造成的损坏。另外，他对房屋做的所谓的improvement, 根本没有经过我同意，属于擅自安装，但是他搬入后第一年是我pm打理的，他们之间怎么协调的我不清楚，他能返回我房子拆除吗？但是他不满，要告我：
https://bbs.wenxuecity.com/tzlc/1600681.html
今天收到他律师给我的email，不知道是怎么查到的，但的确是我的email. 我想问下这种情况我应该怎么办，回复，还是装死，还是找律师回应。如果装死，对方告我的话，我人在加州，法院传票怎样算送达？
拜谢各位！！！
这个是他律师信如下：
=================================================================
Ms. xxx,
I hope this correspondence finds you well. As you know, Mr. Hopper moved out of your property on March 31, 2022. Accordingly, under Revised Statute section 3251, you were required to return the deposit of $2,100, which Mr. hhh paid to your prior property manager, Ms. JJJ, by April 30, 2022. As you know, under Louisiana law, you were required to return the full amount of the deposit. As a lessor, you may only retain any portion of the deposit which is “reasonably necessary to remedy a default of the tenant or to remedy unreasonable wear to the premises.” In the event of any retention, the statute further requires that you provide an “itemized statement accounting for the proceeds which are retained and giving the reasons therefor.”
As of this date, Mr. HHH has yet to receive the entire deposit which was paid to your former property manager and requests immediate payment of the entire amount. Your retention of $759.00 was improper and constitutes “wrongful withholding” of which Mr. HHH can recover $4,200.00 (two times the deposit) if immediate payment is not made. The document you sent a photograph of to Mr. HHH evidences that your withholding was improper. You cannot charge Mr. HHH for reasonable wear and tear to the home from his four years of tenancy. Specifically, you cannot withhold Mr. HHH’s deposit for carpet cleaning, paint touch up, and other charges of the like. These charges were not outlined in the leasing agreement and cannot be withheld, as supported by several Louisiana cases.
The photographs you sent via text to Mr. HHH are even more perplexing. As I am sure you recall, prior to Mr. HHH moving in, areas of your property were in desolate condition following your last tenant. Mr. HHH promptly notified your prior property manager as well as you personally about the sink issue and various holes in the walls. This is evidenced by your former property managers handwritten notes on the leasing agreement. Despite his request, the sink remained un-repaired and the holes remained un-patched throughout the tenure of his tenancy. Mr. HHH will not pay for those defects which he did not cause and which you did not remedy despite ample notice.
As I noted from a review of the records, you are a CA resident. I am sure it was a dream to have a tenant like Mr. HHH who kept your home in great condition for four years. I am sure you noticed in your most recent visit (whether in accordance with recent appraisals in 2021 or otherwise) that Mr. HHH made several improvements to your house over his four years. He installed blinds, certain ceiling fans, sod, and landscaping in your front yard. Under Louisiana Law, Mr. Hopper has the right to reimbursement from you for the improvements made to your property, or, alternatively, he can remove the improvements. Mr. H has not exercised this right to reimbursement nor did he remove these improvements at the end of his tenancy.
I am sure that your retention of the deposit was inadvertent, and that you did not know the prior assertions of your property manager Ms. J. It has now been more than 60 days since Mr. H vacated the property. Please promptly remit payment of $759.00 or Mr. H will have to consider all remedies.
upto this point you wanted to hang on, but the downside is you can lose more. See the following from the letter. If the tenant can't get the money back, he could just go there and do some legal-allowed damage. On the other hand, if it does go to court, you are remote and if you are not present, you will lose.
Under Louisiana Law, Mr. Hopper has the right to reimbursement from you for the improvements made to your property, or, alternatively, he can remove the improvements. Mr. H has not exercised this right to reimbursement nor did he remove these improvements at the end of his tenancy.
有的入门律师只想练练手， 你就会很无辜。 一般法官不会判对方付你律师费的，即使你赢了。
from https://bbs.wenxuecity.com/tzlc/1600681.html\
清理地毯 $150: wear and tear
补漆： 250: wear and tear
打扫： 220: wear and tear
厨房水管坏掉：安装120， 材料89: this can be deducted.
你退人家一半钱吧，你不占理。
https://rentprep.com/property-management/damage-wear-tear-security-deposit/#list_of_normal
wear and tear: worn, dirty, faded ....
damage: broken, cracked, torn ....
如果真如信中所说又是装灯又是landscape，没什么特别损坏，真没必要为了几百块钱惹麻烦的。
现在情况，退了算了。一切属实的话，法官判决，未必对你有利。
如果一个东西断了，起点假设是房客弄坏的，扣押金合理，房客要举证说那个东西是年久坏掉的。
如果一个东西脏了旧了，扣押金不合理，除非房东说这个无法修理必须换，也要看具体情况。