Re: Security deposit letter sent a day late - Landlord Forum thread 276508

Re: Security deposit letter sent a day late by Anonymous on January 28, 2013 @00:16

"If a tenant takes you to court and tells the judge he did not receive his SDSS within the 21 days, you will lose and have to pay the tenant triple damages."

This is wrong information. It is not triple the damages. It is double the OP's state.

Also, the SD has to be sent out by the 21st day, not that the tenant gets it in their hand by then. No one can guarantee that so to various circumstances well beyond the LL's control.

As for the days issue, did the tenant return possession of the apartment before the last day of the lease or on the last day? If she gave you the keys before the last day, she would have needed to put that in writing according to WI statutes, otherwise the the 21 days begins at the last day of the lease. That information wasn't mentioned but good to know if it applies in this case because it will buy you some extra time.

If it does end up in court, I think you can make a good argument regarding the legal holiday. Notices to tenants, late rent due dates, etc often take legal holidays into consideration. It would not be unreasonable for someone to think the same rule applies. Whether you will lose or not, is up for grabs.

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