Fraise wrote:I'm a bit confused.Are we talking about the security deposit?
Yes I was. What I was suggesting was to use the security deposit refund as leverage to settle the rent refund issue. All arguments are based on a misunderstanding, but in Skye's situation, there is no reasoning with the person, so I would not even bother explaining my side of it, rather I would go for a quick and clean solution that doesn't need a lawyer.
To explain, Skye's original post makes it clear that the guests have already been and gone and now returned home. I assumed no damage done, also a similar contract to ours, whereby the security deposit is fully refundable if they leave the place as they find it.
Personally, I would get the refund check out to them as fast as possible to fullfill my obligation to them under the terms of the legally binding contract we have both agreed. Two wrongs don't make a right. When they receive it, they would be in no doubt that my check had been sent in
full and final settlement of
all my debts to them, because exactly that would be noted on the face of the check (or the reverse of the check depending on which country you bank). If they then banked my check, in effect, they would have settled with me, rent and all. End of story. No further communication with them is required or desireable. They can be ignored.
If, on the other hand, they are still not satisfied and want to carry on arguing with me about the rent, then they cannot bank the security deposit check, so now they stand to lose both.
It forces the issue to the extent that they have to get off the fence and make a decision, at the same time encouraging them to accept something to which they are entitled, rather than fight for something to which they are not entitled and possibly lose more in the long run. If you were them, would you bank that check? Let me guess that's a yes.
However, if you do not explicitly explain to them that the security deposit refund check you are sending them is in full and final settlement, they can cash it
and continue arguing that the matter of the rent still isn't settled. This may go on for quite a while if they are hoping you will pay out eventually just for a quiet life.
That's my point.
Different strokes for different folks, so I am not saying that what I would do is right for everybody, but personally, I wouldn't waste a lawyer's time on this one, even if it is offered for free. If I ever needed that lawyer urgently for something really serious that is genuine, I might find myself waiting in line for an appointment if I had first approached him about this, which is obviously frivolous.
Just my opinion.
P.S. We've had our share of guests from hell, which has definitely toughened us up as you can tell! But all this year, we've been blessed with the most wonderful folks, week after week, so we're very thankful for that.[/b]
(I have edited this reply to anwer Fraise's question below)