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We broke our lease a month ago when my husband lost is job. We had to reloacate out of state because it would have been a few weeks before he would have been able to get into a new job in Reno. Our landlord was very understanding. Told us we would probably get all our security deposit back..minus carpet cleaning. She said she was even gonna try and get us our last months rent back to us, she would talk to the owner and her partner and discuss if we would be charged money for breaking the lease. Nearly a month later. She twlls is that the owner is charging us $500 for breaking the lease..we would be getting $1325.00 back she would cut a check that day..it would be mailed out the next day. The next day comes and she calls. Telling us she put a stop payment on the check. She says the owner said he was going to wait until the place was rented before he returns money. She says she was embarrassed. She misunderstood. I recieved the check today for a lesser amount than she said..but also a detailed hand written excuse for the money we are receiving.
My question. Can she "take back" what she said??? Is that legal to cut and send a check then stop payment???
My question. Can she "take back" what she said??? Is that legal to cut and send a check then stop payment???
I'll only answer the question you asked.
Yes it is legal because they told you in advance they placed a stop payment on the check. had they sent the check, put a stop payment on it, and never warned you that a stop payment was done, they would probably be in siome type of trouble. but since you said they notified you in advance, what they did was legal.
Thank you. I spoke with legal aid today and the lady didnt understand what my problem was because I havent cashed the check..or attempted to do so. I just didnt think it was right since they check states the exact reasons for the amount of thr refund then in less than 24 hrs of telling us about our refund.. shes stopping payment on the check and giving us a totally different story. I appreciate your help. Thank you. I dont think I will deposit the check like the legal aid lady said i should do. I dont feel comfortable doing that.
Does it matter that she sent the check to us and then stopped payment after it was sent??
Briefly, no. She advised you in advance of its receipt.
With all due respect I think the LL is being very fair as you did break a legally binding contract and could have been held liable until its end. All the best in your new place.
I dont think I will deposit the check like the legal aid lady said i should do. I dont feel comfortable doing that.
This is a good idea. Your bank will charge you a service fee on the stopped check (even though you aren't the one who stopped it), and you probably won't be able to recoup that from the LL.
It does not sound like the landlord did anything wrong. Absent state law indicating otherwise, it's not uncommon for an entire security deposit to be consumed when a lease is terminated early.
I think you are confused. The landlord and the owner are the same person.
The lady you spoke to must have been an employee or manager who should not have made any pronouncements without prior authorization from the landlord.
This might be a "different areas, different terms" thing. In my area, the person who manages the property is the "landlord", who may or may not be the owner.
You need to first read your lease to see what the fee would be for breaking the lease.
Then you need to see if the original amount of the refund was in writting. It seems like maybe the landlord didnt have a fee for you breaking your lease. I say this because most LL will keep your deposit and charge you for breaking the lease.
If they sent you something in writing than that is the total amount you will be receiving excluding damages and fees. That is a written document, so according to the state you live in most refunds need to be made in an reasonable amount of time (ie. 30 days).
If she sent you a check the question becomes was it the real estate agent, property manager, or the LL? When they sent that check out the check should have cleared the bank. No they will not be able to wait until the place is rented out.
This is most likely why the legal aid department told you to deposit the check first. You have no recourse if you have not suffered any lost
Its the landlord/property management who I have been dealing with. The check she sent has a full hand written detail as to what we were getting in return. Starting with $1900.00 total. Minus $500.00 penalty for breaking the lease. Minus $150.00 carpet cleaning. Leaving $1250.00 refund. Signed her name.. hand written. The check is hand signed. Seems after our phone call and her handwritting all this out..if she was confused as to what was supposed to happen she would have figured it all out before she cut and sent a check in an envelope she hand addressed herself. I was informed she isnt supposed to charge us carpet cleaning for normal wear and tear. Seeing as they charged us rekeying fees before we even moved in.. to pay for changing of the locks after we move out..I just kinda figure they dont do things normally. So Im not questioning the carpet cleaning. Lol
My husband wants to deposit this check tomorrow and Im not at all comfortable doing it. I dont want the fee. I do believe since she went out of her way to call us and tell us we were receiving the money and sent us a check that we are deserving of the money. Are we out of line? Would we have a chance in small claims court if this check doesnt in fact clear??
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