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What you have is called a scrivener's error in law. A clerk's error, basically, where something is simply written down wrong. Scrivener's errors don't negate the contract, or what was actually intended to be said. This is the law the landlord would use to get out of having to pay you the amount that was written down in error.
If this happened to me, as your landlord, I'd go back to the bank and get a copy of the deposit, which includes copies of all checks in each deposit.
As a tenant, without scruples, I'd look to see if I paid with cash, and did the landlord write out a receipt that he kept a copy of, or not. In other words, is there any proof I did not pay the larger deposit.
Then, I would figure the judge would actually believe I paid the larger amount, because a $49 deposit for a $700 apartment, is not logical or normal, so it would be reasonable that the deposit was actually the larger figure.
Just catching up on this and have a couple of thoughts...
Re: the lease; yes, the original signed lease supersedes everything, assuming your current lease is a renewal of the lease. It's common, when a lease is near expiring, that a LL would offer a renewal of that lease, with certain terms (length, rental price, etc etc) changed for the new term. That renewal works off of the original lease that was signed; you may think you're signing a completely new lease but, in actuality, what you're signing is more of an addendum noting changes to the original lease that both you and the LL have agreed to.
Everyone has already pointed out that you don't stand a snowball's chance in hell of winning in court, as you didn't pay the deposit. Furthermore, yes, a LL would be more than willing to pursue the matter legally, as they would be assured of winning and being able to get you to cover their court costs, if not outright sue you for punitive damages, as well as pursue a criminal case against you for trying to commit fraud.
As a tenant, I would be confused as you were but I would accept I paid $50 and move on.
That's exactly what I did. I didn't respond to their email stating it was a "typo". I talked it over with my wife and we decided that although I thought we'd have a good chance of winning, it wouldn't be right since we didn't actually pay the $769.
And then the fun part happened: the next day I got an email from the same person at the office saying they were refunding the $769 that was on the lease. This surprised the hell out of me, but I wasn't going to try to talk them out of it. The check came yesterday and is now sitting comfortably in my bank account.
So I think it's pretty clear that the landlord here thought there was a pretty good chance of losing the case if push came to shove. Either that or what - they just felt bad? I don't know. Don't really care. But I did think it would make for an interesting topic of conversation to see how other people would handle it. Instead it made for an interesting study in jackass know-it-alls passing judgment, most of whom were too busy showing how above it all they were to even bother answering the question.
But it's been a fun way to kill a little time. Thanks for the lols, y'all. And thank you to the few of you who actually answered seriously.
Your lease doesn't state that you paid the "requested" security in full.
Just like your lease, that you signed, doesn't state that you paid your rent, in full, every month.
What if YOU were the landlord?
You are pushing way too hard for anyone to believe that this is just an "intelligent discussion about how LL's or tenants would handle this issue".
You're not going to get what you never paid for.
If I were the landlord, I think I would've offered the tenant a settlement -- maybe a couple hundred dollars. As a tenant, I definitely would have taken that and been thrilled with it.
Believe what you want.
I did indeed get what I never paid for. Which I found astounding, hence the attempt at discussion. While I wasn't surprised that the landlord/management company didn't like the idea of going to court I was very surprised they didn't offer to settle it for less. So I wanted to see what a bunch of landlords would do.
It would if there were corroboration of a new lease/rent agreement with an increased deposit - like a cancelled check from the bank. Otherwise it's he said/she said, and the judge will go back to the last moment in time where there is corroborating evidence of a meeting of the minds.
That seems reasonable.
For the record, the only way I would have taken this to court is if I had actually paid the $769. When I indicated to them that I was willing to, it was because I genuinely believed what I saw on my lease. I was pretty well shocked when they did an about-face and paid the $769. Hence this thread - wanted to see what landlords thought, if they thought it was an open-and-shut loss for them. Apparently not. Which confuses me even more as to why my landlord sent the whole amount - that I had stopped asking for - instead of waiting it out to see if I would pursue it or even initiating a settlement offer.
Now you better hope none of them live near you because after this i doubt they will rent to you.
Yes, of course. That's what I 'll do today - spend it hoping that none of them live near me.
There aren't enough eye-rolling emoticons in the world to properly respond to you.
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