Landlord trying to over charge for rent, anything I can do? (2014, apartment)

[missmarc]

Hi guys, this is going to take a bit to explain, please bear with me.

So in September 2012, we moved into a new apartment. We wanted to move in 1st of September, but was told we had to wait until Sept. 6th. So we agreed, and moved in on the 6th. We paid full month rent and move-in fee as we moved in. Our lease goes from September, 06 2012 till September 05, 2013.

Our lease ended, the apartment manager offered us the opportunity to stay another 2 months. We took up on her offer, but the new lease now becomes September 06, 2013 to October 31, 2013. We didn't think too much back then. 2 months ended, and they offered us to renew our lease again for another 3 months, without increasing the rent.

So we signed. Now the new lease goes from Nov 1st, 2013 to Jan 31, 2014. They offered to renew lease again beginning of January, but we gave notice, saying we'd move out by Jan 31, per lease. Anyways, when we paid for January rent, we paid for 26 days instead all 31. We have been paying full month rent every month since Sept. 6th 2012, even though we started on the 6th and not the 1st of that month. We were told by the building manager (who is also the leasing agent) back then that we would have to pay for the full month of rent. When we move out, we would only need to pay the pro-rated amount of the remaining days of that last month of our lease.

The current building manager is telling us that we owe them the other 5 days. If we don't pay by the time we move out, they would send the bill to the collection agency.

We keep trying to explain to her that the previous building manager promised us that since we pay a full month when we first move in, we would only need to pay the remaining days of our last month. She is not honoring the previous building manager's word, saying that is not their policy and they don't pro-rate leases.

Either way, there's 5 days short on the 2nd lease, from September 6, 2013 to October 31, 2013. I paid for two full months during those two months, even though the lease was for one month and 25 days.

Should we give in and just pay for the 5 extra days? Is there any type of legal action we can take, since we obviously were shorted 5 days of rent?

[jencam]

It should have been in writing. I don't think you have any recourse now.

[Chicago76]

5 days in the scheme of things probably isn't worth the hassle. The only wiggle room you appear to have is the language related to payment terms from the Sep 6 2013-Oct 31 2013 lease. If it states you must pay X for the period specified, you have nothing to really stand on. If it states you must pay a monthly rate of Y for that period, you might have a legal argument (I'm not a lawyer). Depending upon the precise language, this might indicate you've overpaid for that period, in which case the overpayment should be extended to your balance on the next interim renewal.

You might want to bring up the fact that your prior lease began on the 6th due to their inability to prepare the unit on a timely basis, which led to you staying in your old place longer + this entire pro rated monthly nonsense in the first place.

Personally, I don't think its worth your time either way. In the short them, they may just end up finding some bogus issue in the place and withholding a bigger portion of your sec deposit. The lesson here is to get some form of written documentation stating that on your last month, you would only owe the pro rated amount. Arguing over this now isn't a great idea, because they could also go after the missing portion of the last month with late penalties outlined in the lease if they felt like it.

[missmarc]

For the last 10 times that I've requested something in writing, from anyone. It basically goes like this
"do you think I can get this in writing?"
"why do you need it in writing?" person gives me the weird look, as if I was crazy and my question is so far from the normal realm.
"I just don't want to be surprised with extra bill, ect"
"Why would you?" as if I offended their mother
"anyways, I'd just like this in writing as a security measure"
"ok, well, you will get it all in writing within 24 hours. I will send it to your e-mail" something along this line
The email then never happens. I then call back, visit back, Chance is I cannot find this person, or there's this long wait
Then I try another day, the person would apologize, tell me they'd get it to me by the end of certain period of time
Then again, it never happens
I try again, waste another few hours. The e-mail/writing finally came after a few going back and forth, it looks nothing like what we discussed. Hence begin the whole new cycle.

If perusing now isn't worth the hassle, how is pursuing the "writing" worth the hassle? I am not sure if you guys actually get everything in writing. When you do, it is really really hard. No one wants to give you anything extra than the standard they normally send out. Even if you write everything out for them and just want a signature. They still do not want to sign.

It's been a few phone calls now to RCN, the guy over the phone still isn't giving me something in writing saying my installation fee is $25 instead of the standard $50. I am almost 100% sure my first bill is going to charge $50 installation. What can I do, not use RCN and use Comcast or AT&T? Which are just as bad with promising things they don't follow through.

[emathias]

This is why people often use their security deposit as last month's rent.

[MSchemist80]

Originally Posted by emathias

This is why people often use their security deposit as last month's rent.

I wish I had done this. The last time I rented in NE_GA I moved out a month early and paid in full for that month. I not only never got my security deposit back they sicked a collection agency on me. Aparently their incompetent book keeper put down I skipped out on two months rent. I faxed them the canceled checks which took care of the bill collector, but it took 2 more months of hounding them to get my deposit back.

Unfortunately on many cases a law suit is the only way to get back your security deposit otherwise.

[jencam]

Originally Posted by missmarc

For the last 10 times that I've requested something in writing, from anyone. It basically goes like this
"do you think I can get this in writing?"
"why do you need it in writing?" person gives me the weird look, as if I was crazy and my question is so far from the normal realm.
"I just don't want to be surprised with extra bill, ect"
"Why would you?" as if I offended their mother
"anyways, I'd just like this in writing as a security measure"
"ok, well, you will get it all in writing within 24 hours. I will send it to your e-mail" something along this line
The email then never happens. I then call back, visit back, Chance is I cannot find this person, or there's this long wait
Then I try another day, the person would apologize, tell me they'd get it to me by the end of certain period of time
Then again, it never happens
I try again, waste another few hours. The e-mail/writing finally came after a few going back and forth, it looks nothing like what we discussed. Hence begin the whole new cycle.

If perusing now isn't worth the hassle, how is pursuing the "writing" worth the hassle? I am not sure if you guys actually get everything in writing. When you do, it is really really hard. No one wants to give you anything extra than the standard they normally send out. Even if you write everything out for them and just want a signature. They still do not want to sign.

It's been a few phone calls now to RCN, the guy over the phone still isn't giving me something in writing saying my installation fee is $25 instead of the standard $50. I am almost 100% sure my first bill is going to charge $50 installation. What can I do, not use RCN and use Comcast or AT&T? Which are just as bad with promising things they don't follow through.

OMG years and years ago Sprint was SO BAD. I started recording conversations. When something wold come up they'd say 'we don't see that in our records.' I'd say, no problem, it's in mine!

[UPChicago]

5 days of rent in my case would be $180 and I certainly wouldn't pay it if I had a lease stating the 31st. Demand they send you a balance sheet for Sep 2012 through Jan 2014. Also send them a cease and desist letter make sure to send it to them Certified mail with a return receipt. If you renewed your lease and have an actual lease saying the 31st no way you would be obligated to pay the extra 5 days especially if your lease says "monthly rent".

[squishy506]

You can't do anything about it now since it's a different lease from your 2012 6 day proration one. If they used a good property management software, it would show that you had six days credited for whatever the rent was in September 2012, and that would be automatically prorated after you move out (in the form of a check, not less the January rent).

Essentially, you have only paid for 26 days in January and not 30. I know January has 31 days, but most property managers follow a rule of 30 days for any month so that the proration is consistent with any given month.

The only thing you can do is check your leases and get copies of your cleared checks to them. If your lease does start on 9-6-11 and does show a prorated amount, yet you can prove you paid more, you should be credited for that prorated amount which may be different from your current per diem rent.

[Chicago76]

Originally Posted by missmarc

For the last 10 times that I've requested something in writing, from anyone. It basically goes like this
"do you think I can get this in writing?"
"why do you need it in writing?" person gives me the weird look, as if I was crazy and my question is so far from the normal realm.
"I just don't want to be surprised with extra bill, ect"
"Why would you?" as if I offended their mother
"anyways, I'd just like this in writing as a security measure"
"ok, well, you will get it all in writing within 24 hours. I will send it to your e-mail" something along this line
The email then never happens. I then call back, visit back, Chance is I cannot find this person, or there's this long wait
Then I try another day, the person would apologize, tell me they'd get it to me by the end of certain period of time
Then again, it never happens
I try again, waste another few hours. The e-mail/writing finally came after a few going back and forth, it looks nothing like what we discussed. Hence begin the whole new cycle.

If perusing now isn't worth the hassle, how is pursuing the "writing" worth the hassle? I am not sure if you guys actually get everything in writing. When you do, it is really really hard. No one wants to give you anything extra than the standard they normally send out. Even if you write everything out for them and just want a signature. They still do not want to sign.

It's been a few phone calls now to RCN, the guy over the phone still isn't giving me something in writing saying my installation fee is $25 instead of the standard $50. I am almost 100% sure my first bill is going to charge $50 installation. What can I do, not use RCN and use Comcast or AT&T? Which are just as bad with promising things they don't follow through.

Let me clarify: trying to deal with this after the fact, with the threat of a credit ding, a small claims issue, or getting screwed on you security deposit because you **** them off means it isn't worth the trouble now. For future reference, learning to CYA and getting something in writing before you get screwed is worth your trouble.

If you can't get someone to commit to something, then you get their email, you summarize your understanding, and you ask them to confirm your understanding. If you get crickets from them, follow up with another email and state that if they interpret anything differently, to please email you back their understanding within X time, otherwise it will be reasonable for you to assume that you're both on the same page and that your original email adequately represents the conversation. Problem solved. If they come back with a bunch of crap, then you need to sever the relationship.

Trust me, I know getting stuff in writing can be hard. Try getting stuff in writing from a bunch of commercial litigation attorneys. That's hard.