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I rented apartment at AIMCO (California) 12/18/2015 - 10/31/2017, paid security deposit $1K. Then transferred to another unit within same community 10/20/2017 - 01/07/2019, security deposit amount was increased up to $2K, paid by credit card. Vacated from apartment on 01/07/2019.
On 01/15/2019 I received final account statement by email, in statement I found that wrong security deposit amount was used in calculations $1K instead of $2K. I contacted move out representative by email, sent him a copy of signed lease agreement where shown correct security deposit amount - $2K. However he responded that in their system he doesn't see that I paid $2K, records show only $1K. He requested to provide evidence that I paid security deposit amount in full. I explained that I don't have receipts or any other evidence since it was a long time ago, moreover I used foreign credit card which account was closed and I don't have access to statements anymore. I'm confident that I paid full amount and would like to get my funds back.
I sent them email to confirm AIMCO's position regarding honoring the lease agreement but didn't receive positive response - they don't want to investigate where the issue and ask to provide evidence of payment.
I'm going to wait 21 days til 01/28/2019 to receive security deposit refund, review statement and send Demand Letter to request what they owe. After that if needed I'll file case in small claims court.
i'm wondering what are my chances to win this case? Should I prove deposit payments if I had no obligations? I believe that signed Lease Agreement is the main source of truth since it's impossible to get keys and access property without paying deposit in full.
Does the lease say you will pay $X as a security deposit or does it say you did pay $X as a security deposit?
It says that 'Deposit: $2000' and below Definition:
Quote:
SECURITY DEPOSIT.
A. Deposit. Resident shall pay the Deposit to Landlord on or before the Lease Start Date. If Resident does not pay the Deposit to Landlord on or before the Lease Start Date, Landlord will have no obligation to give Resident possession of the Apartment Home, Landlord may keep any funds paid by Resident necessary to compensate Landlord for Resident’s breach of this Lease, and Landlord may pursue any other damages allowed by law.. Landlord need not hold the Deposit in trust, nor deposit it in a segregated account, nor invest it in an interest-bearing account, unless required by law. Landlord will not pay Resident, or accrue for the benefit of Resident, any interest on the Deposit and Landlord may retain any such interest, unless required by law. The Deposit is not advance rent and cannot be applied to Rent by Resident.
B. Refund of Deposit. Landlord shall refund the Deposit to Resident as provided in this Lease and applicable law. At the option of Landlord, Landlord may pay any refund of the Deposit after applying all deductions, by one check payable and delivered to any Resident or one check jointly payable to all Residents but delivered to only one Resident. The amount of any refund will be calculated without regard to who paid the Deposit or whose conduct resulted in any deductions. Residents must provide written notice of the mailing address for any refund of the Deposit. Landlord shall mail the Deposit (less lawful deductions) and an itemized list of deductions no later than 21 days after Resident's surrender or abandonment of the Apartment Home. Upon the sale or transfer of the Community by Landlord and transfer of the Deposit to the new owner of the Community (either as a transfer of the Deposit or a credit against the purchase price), Resident shall look solely to such new owner, and not to Landlord, for a refund of the Deposit.
....
Please carefully read this entire lease prior to signing as this is a legally binding document. The lease consists of the Definition Annex, Apartment Lease, Exhibits, Addenda, and attachments.
The lease is not proof of actual payment. The lease says you shall pay but doesn't serve as proof of payment and for how much you paid. Additionally, the lease is written in such a way that the agreement to occupy does not terminate if you failed to pay or the landlord decides you don't need a security deposit. Had it said failure to pay will void the lease and the lease is terminated, your occupancy would indicate it was paid; although not how much. But, that is not how it's worded so you need to find your receipts.
You issue is not even if you paid a deposit since since they have already acknowledge you paid a security deposit. The issue is how much did you pay. If they have documents showing $1,000, you need documentation showing $2,000. Now, if the lease actually included the $2,000 security deposit somewhere in the lease, you have proof. If the amount is not mentioned, you need proof to back up your version.
The lease is not proof of actual payment. The lease says you shall pay but doesn't serve as proof of payment and for how much you paid. Additionally, the lease is written in such a way that the agreement to occupy does not terminate if you failed to pay or the landlord decides you don't need a security deposit. Had it said failure to pay will void the lease and the lease is terminated, your occupancy would indicate it was paid; although not how much. But, that is not how it's worded so you need to find your receipts.
You issue is not even if you paid a deposit since since they have already acknowledge you paid a security deposit. The issue is how much did you pay. If they have documents showing $1,000, you need documentation showing $2,000. Now, if the lease actually included the $2,000 security deposit somewhere in the lease, you have proof. If the amount is not mentioned, you need proof to back up your version.
Thank you for explanation! Lease included the $2K security deposit, see below:
Quote:
... 11. Lease Start Date: 10/20/2017 12. Lease End Date: 01/07/2019 13. Deposit: $2000.00 14. Rent: $2629.00 + Sales Tax per month where
applicable. 15. Short Term Renewal Rent: $300.00 plus the higher of the Fair Market Rent or the current monthly Rent being paid by Resident immediately prior to the commencement of the Two-Month Renewal Term. The "Fair Market Rent" equals the rent that Landlord would charge for an apartment home comparable to the Apartment Home on the date that Landlord provides notice to Resident of the Short Term Renewal Rent.
...
Where’s your receipt? That should’ve been filed with the signed lease and any documents related to your unit. Where are your credit card statements? Paper should be kept for a min of two years and your online ones should be available even if you closed the account. Call your bank that issued the card... they might be able to help
For legal purposes, you should save all financial info for at least 7 years. The fact that you have nothing to show a judge that you paid an additional deposit will not be helpful for you.
Leases are not receipts. My tenants get signed leases days to weeks before a penny has exchanged hands. Call the bank and get a statement for that month, should be extremely easy.
Sorry, but the lease says what you pay not what you did pay.
If you don't have evidence of payment, you pay again. Courts require documentary evidence and the burden is on you to provide it.
I suggest you re-evaluate how you keep financial records and make some improvements. You can scan stuff on to your computer and back up hard drives so there's no excuse for not keeping financial records forever.
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