Any suggestion?

I really appreciate your reading the long paragraphs and your help.  There are so many landlords in this forum, so I may get a lot of good advice here.

  

My previous tenant moved out in August 2011. They stopped paying rent before moving out, but paid $100 late fee per lease. By doing so, they got away without me holding any security deposit because I had to apply the security deposit as rent. They claimed that they would set up security deposit with their lawyer, but never showed evidence they did so.

 

I assessed damages against them when they moved out, such as drawings on the wall by their children in newly painted rooms (painted when they moved in), big holes punched on the wall and a huge pile of garbage they left behind that the town refused to take, etc. But as expected, they refused to pay for the damages, and cut off communication by not responding to my emails and blocking me from phone reception. Since NY state is not landlord-friendly, I decided not to pursue any legal actions for a few hundred dollars.

 

After they moved out, they had several packages delivered to our house. We had arranged for them to pick up those boxes. But this August, more than 1 year after they moved out, they sent three big boxes containing paintings to our address again. My current tenant does not want to keep those so I took them. They finally got in touch with me yesterday threatening to sue me for taking FedEx items. I told them the following: 1. I did not take those boxes. Those boxes were shipped to my house. I asked my tenant to tell them to contact me directly; 2. It was a typical irresponsible behavior of theirs that they keep sending shipments to our house. Using our address one year after moving is very irresponsible and we are not responsible for the safety of their goods; 3. I would like to negotiate with them. I was entitled to a deposit and would like to use these as deposit. If they could pay us the damages, and we will return the boxes to them.

 

They sent me an email to notify me that they arranged FedEx to pick up the boxes from our house tomorrow and asked me to leave them by the garage, otherwise, they will sue me; and if any of the contents were damaged, they will also sue me. I plan to ignore the notice and will not respond to their email.

 

My questions are as follows:

1. Am I going to be in trouble by ignoring them?


2. How do I proceed in order to resolve the disputes with them by negotiation and compromise by both parties?


3. Can I use the boxes as security deposit at all?

 

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所有跟帖： 

• short answer to your questions: -texastrader- ♂ (280 bytes) () 09/20/2012 postreply 18:19:31

• 回複：short answer to your questions: -girlscout2007- ♀ (203 bytes) () 09/20/2012 postreply 18:31:09

• you don't even want to think about it.. -jy101- ♂ (114 bytes) () 09/20/2012 postreply 18:34:03

• 回複：you don't even want to think about it.. -girlscout2007- ♀ (520 bytes) () 09/20/2012 postreply 18:39:14

• you should tell your tenant refused those packages. -jy101- ♂ (151 bytes) () 09/20/2012 postreply 18:45:36

• Oh sister. You really need to change your way of thinking. -pinerock- ♂ (338 bytes) () 09/20/2012 postreply 18:39:05

• 回複：Oh sister. You really need to change your way of thinking. -girlscout2007- ♀ (158 bytes) () 09/20/2012 postreply 18:40:51

• If they are jewish, run from them as fast as you can. You can't -pinerock- ♂ (215 bytes) () 09/20/2012 postreply 18:46:21

• They are pretty smart tenants -beachlver- ♂ (324 bytes) () 09/20/2012 postreply 18:49:27

• 回複：They are pretty smart tenants -girlscout2007- ♀ (393 bytes) () 09/20/2012 postreply 18:58:28

• if in Texas, tenant use deposit as last month rent -jjj7- ♂ (90 bytes) () 09/20/2012 postreply 18:53:26