Security deposit after lease was signed stating a $0.00? (Tempe: apartment, leasing agent) - Phoenix area - Arizona (AZ) - City-Data Forum

candiceena · 05-06-2010, 12:23 PM

Hi,

My husband and i just signed a lease with an apt complex in Tempe. We worked with the manager, she gave us a pretty good deal on a 2 bd 2 ba. She warned us that due to a DUI I had on my record, there may be a security deposit but she could "work with them to get that waived" or maybe do a promissory note to do it in payments. One of the consultants called us the next day, whom we had never met, and said we were approved with a $250 deposit.

We went in the followign day to sign ppw, and the lease stated "Security deposit: $0.00" - there were also no other spots for any other deposits that could have been due. My husband and I didn't want to get the manager in trouble and figured she had pulled some strings or whatnot to get it waived.

Well, today I recieved a call from another leasing agent (not the manager or the first leasing agent - the one who called today is the one who actually handed us the lease to sign, we signed it after I read over it, and gave us the keys). She left me a message saying I needed to come in and sign a promissory note for the security deposit.

We have already moved in and signed the lease with NO deposit and it was stated in the lease that the security deposit was $0.00. We figured she was able to get it waived, and we didn't want to get her in trouble. Now they want us to sign this promissory note. What are our options, do we have to sign it and pay the deposit even though we already signed a lease that said $0.00 for security deposit?

rjrcm · 05-06-2010, 05:22 PM

It's hard to give advice without having all the facts and documents to review. Ask them to show you where it is documented that you owe a deposit that is signed by you and the leasing agent. In the leases I've used, it's very clear what is owed, and all parties sign off. If possible, you should consider discussing with a lawyer if they persist.

lyzzard · 05-06-2010, 07:14 PM

Ditto what rjrcm says. Definitely talk to the manager about the person contacting you. I do not believe they can come after you if the deposit says $0.00. Worst comes to worst, talk to a lawyer. Most first consultations are free or a small fee. Good luck!

phoenixscorpiogirl · 05-06-2010, 07:33 PM

Its probobly lack of communication on their part?
Why would they charge a security deposit b/c you had a dUI? That doesnt make sense-ur not gonna drive the apartment away!

Grannysroost · 05-06-2010, 07:56 PM

Quote:

Originally Posted by phoenixscorpiogirl

Its probobly lack of communication on their part?
Why would they charge a security deposit b/c you had a dUI? That doesnt make sense-ur not gonna drive the apartment away!

Most apartment managers will run a credit report and background check to either deny you, or maybe in this case adjust the deposit. I would think if the lease you signed said $0 for a deposit, that is it regardless. If they want $250 in a promissary note and the lease says $0, whose pocket would that $250 go in?

apexin · 05-06-2010, 09:58 PM

If you have a lease that is signed by both parties stating $0.00 security deposit and you have already moved in............SOL for them. Now because this is America and the Management company has Attorneys on retainer, expect a fight. Good luck.

phoenixscorpiogirl · 05-06-2010, 11:11 PM

Quote:

Originally Posted by Grannysroost

Most apartment managers will run a credit report and background check to either deny you, or maybe in this case adjust the deposit. I would think if the lease you signed said $0 for a deposit, that is it regardless. If they want $250 in a promissary note and the lease says $0, whose pocket would that $250 go in?

I know they do the background checks but I dont see why they care about a DUI as oppossed to say assault or robbery...but I know what ya mean Granny...

lyzzard · 05-06-2010, 11:35 PM

Quote:

Originally Posted by Grannysroost

Most apartment managers will run a credit report and background check to either deny you, or maybe in this case adjust the deposit. I would think if the lease you signed said $0 for a deposit, that is it regardless. If they want $250 in a promissary note and the lease says $0, whose pocket would that $250 go in?

That's what I had wondered too. Perhaps this person still contacting the OP was after a little extra pocket change for themselves. Which is why I suggested speaking with the Manager and then having those two speak to each other. A bit fishy to me.

phoenixscorpiogirl · 05-09-2010, 10:16 PM

Quote:

Originally Posted by lyzzard

That's what I had wondered too. Perhaps this person still contacting the OP was after a little extra pocket change for themselves. Which is why I suggested speaking with the Manager and then having those two speak to each other. A bit fishy to me.

I wouldnt be surprised. I gave a fill in manager where I was moving into once 500 dollars cash and she wrote me a receipt for it. She quit that day though and took all the money with her! The apartment supervisors had no idea and later asked me for the money to move in. I told them I paid it and showed the receipt so they had no choice but to let me move in for free (to them-not me)!