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I'm interested in hearing from how you'd handle it as a tenant and how you'd handle it as a landlord.
Had lived in an apartment (Charlotte, NC) for several (3?) years. Reviewed lease and such when preparing to move out and saw that the security deposit was $769. Cool. Should get a nice little chunk of change a month after move-out. A little less than a month after moving out, we receive a check for $21 and change. The notation on the check said it was a "move-out refund". Wasn't too sure what that meant -- maybe we paid too much for our prorated last month's rent? No other information (such as itemized accounting for deductions) accompanied the check, so I assumed it wasn't for the security deposit.
Eventually, my wife calls and asks what's up. They say it's our security deposit refund -- that we only paid $49 for security deposit. Huh? Double-checked the lease and sure enough, right there on the "Security Deposit" line is "$769.00". So I send an email telling them it's been over thirty days and I haven't received anything other than the mini-check when my lease clearly states the security deposit was $769 and how about you just play nice and send me every penny instead of making me lawyer up? (I didn't word it exactly like that, but that was the general idea). I get an email response that says the $769 was a "typo" and that they have our original lease and documentation that shows the security deposit was only $49. Lolwhut?
So I dig out the original lease. Huh. Yep. I'll be darned -- $49.00 security deposit. The $769 figure appeared on there as the monthly rent, and I'm guessing when making the latest lease someone glanced at the wrong number and boom -- big ol' $720 "typo".
Well? What's your move if you're the tenant? I did not pay $769 for the security deposit but I sure enough have a lease that says I did. I'd like my chances in a courtroom, but the fact is I did not pay the $769.
How would you handle the situation if you're the landlord? You'd probably lose in court, and quite possibly have to pay lawyer fees for both the tenant and yourself. But I did not pay the $769. But I have a lease signed by you that says I did.
If you didn't pay it, why do you think you're entitled to it? I'm confused. I don't think any court is going to award you money that you did not pay, regardless of what the lease says. They will expect proof of payment, and when you can't produce any, your case will be dismissed.
If you didn't pay it, why do you think you're entitled to it? I'm confused. I don't think any court is going to award you money that you did not pay, regardless of what the lease says. They will expect proof of payment, and when you can't produce any, your case will be dismissed.
If you didn't pay the money, move on and forget it, you aren't out anything. However security deposit is usually equal to at least one months rent, sometimes two months,so I'm curious why they would only charge $49 dollars? That amount wouldn't go very far in a repair of any kind. Security deposit is for re-painting, cleaning carpet, etc, etc. What are you going to do with $49 dollars? Something not right here.
I'm a LL and charge once months rent plus extra for such things as pets, etc. I'm having work done currently to get a home ready after a three year renter and it's costing far more than the security deposit.
One more thing, I bet you've never been to small claims court have you? It isn't like a TV show, it's a major PITA, and no one wins in the long run.
Before you ever stand in front of a judge, you will have to go to arbitration to see if you can work out an agreement. If not, then you gt another court date. Takes time, effort and money to go through the process..
If you aren't out anything, forget it...
If you didn't pay the money, move on and forget it, you aren't out anything. However security deposit is usually equal to at least one months rent, sometimes two months,so I'm curious why they would only charge $49 dollars? That amount wouldn't go very far in a repair of any kind. Security deposit is for re-painting, cleaning carpet, etc, etc. What are you going to do with $49 dollars? Something not right here.
I'm a LL and charge once months rent plus extra for such things as pets, etc. I'm having work done currently to get a home ready after a three year renter and it's costing far more than the security deposit.
One more thing, I bet you've never been to small claims court have you? It isn't like a TV show, it's a major PITA, and no one wins in the long run.
Before you ever stand in front of a judge, you will have to go to arbitration to see if you can work out an agreement. If not, then you gt another court date. Takes time, effort and money to go through the process..
If you aren't out anything, forget it...
No, I've definitely never been to small claims court. Sounds like a PITA all right. I wonder if the management company likes the idea of the time effort and money to go through the process...
So you're asking for our collective permission to steal?
You don't have mine.
Good luck in your future endeavors.
I'm asking for nothing of the sort. I'm asking how you'd handle the situation if you were the landlord/management company and how you'd handle the situation if you were the tenant.
I gather from your condescension that you'd let it slide if you were the tenant. Fair play. What about if you were on the side that made the mistake on the lease?
If you don't think you are entitled to it then why are you even asking how a renter or landlord would handle the situations and contemplating what "could" happen in court?
You did not pay it, you know you did not pay it, the original lease says you did not pay it so why are you asking about a legal way to steal this money?
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