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I am currently living in a apt in the DFW, Tx area and i signed an addition year lease in June and it will not end until the end of July next year. After about a month on the new lease the leasing agents are trying to tell me they never charged me for my pet or pet deposit on the last lease. I remember paying them this it was $400 my issue is i cant find any kind of bank statement because i believe i paid it in a money order and cant find any kind of receipt history. So when I received my rent bill for this month they went ahead and tacked on $400. I didn't pay them the extra $400 so when i went into receive a package today the leasing agent informed me that my rent was late and they she emailed me multiple times ( i cant find any such email) because she decided that she was to put the first bit of money on my rent check towards her made up fees and that caused my rent to be late ( $50 first day $10 per after that) so i am up to $90 in late fees that they are looking to extort from me. So i am wondering if there is any kind of law that protects me from the leasing agent extorting money from me and choosing what to use my rent checks for??
It does sound like she is either A) Trying to take advantage or B) really bad at bookkeeping and accounting practices.
The $400 was a separate item, remind them of that, tell them you have not paid it because you are researching whether or not you actually owe it and are still looking for receipts. Tell them you expect the late charges to be taken off because these kinds of shenanigans won't hold up legally. See if they will come around with a little logic.
Unfortunately you can't prove you paid the pet deposit. You need to find that receipt proving they received and cashed your original pet deposit. You f'ing need a attorney. You need to search for receipts. Unfortunately the burden of proof is on you.
I am currently living in a apt in the DFW, Tx area and i signed an addition year lease in June and it will not end until the end of July next year. After about a month on the new lease the leasing agents are trying to tell me they never charged me for my pet or pet deposit on the last lease. I remember paying them this it was $400 my issue is i cant find any kind of bank statement because i believe i paid it in a money order and cant find any kind of receipt history. So when I received my rent bill for this month they went ahead and tacked on $400. I didn't pay them the extra $400 so when i went into receive a package today the leasing agent informed me that my rent was late and they she emailed me multiple times ( i cant find any such email) because she decided that she was to put the first bit of money on my rent check towards her made up fees and that caused my rent to be late ( $50 first day $10 per after that) so i am up to $90 in late fees that they are looking to extort from me. So i am wondering if there is any kind of law that protects me from the leasing agent extorting money from me and choosing what to use my rent checks for??
Hmmm ... was it normal to pay rent etc. via money order? Since you checked your bank statement first, I assume that that is how you normally pay rent. So why would you have paid the pet deposit via money order? (Seems like even if you somehow made a separate money order transaction to pay the pet deposit, the money for said money order still would have had to come out of your bank account ...)
I am thinking maybe you didn't actually pay it, no matter that you "remember" paying it. Sometimes our memories tell us what we want them to tell us.
Hmmm ... was it normal to pay rent etc. via money order? Since you checked your bank statement first, I assume that that is how you normally pay rent. So why would you have paid the pet deposit via money order? (Seems like even if you somehow made a separate money order transaction to pay the pet deposit, the money for said money order still would have had to come out of your bank account ...)
I am thinking maybe you didn't actually pay it, no matter that you "remember" paying it. Sometimes our memories tell us what we want them to tell us.
Not if he didn't buy the money order from his bank..many banks do not sell MOs...just cashier checks. I get the impression the OP isn't sure how they paid the fee and without that receipt proving it was paid, he'll have to pay it again.
#1 rule for tenants: Always get a receipt for any and all payments paid to a landlord. EVERY TIME.
Op..i suggest you square away with these people before you find yourself evicted for non payment of rent or fees. (and get a receipt!)
Not if he didn't buy the money order from his bank..many banks do not sell MOs...just cashier checks. I get the impression the OP isn't sure how they paid the fee and without that receipt proving it was paid, he'll have to pay it again.
My point was that the $400 would have had to come from somewhere, and most commonly that would be from some sort of bank account. So it seems like he would have a record of a $400 withdrawal that he used (elsewhere, if his bank doesn't sell them) to buy a money order.
But my larger point was, why would he pay the pet deposit with a money order if everything else was done by check? THAT seems odd, and is why I think he may be remembering wrong.
Unfortunately you can't prove you paid the pet deposit. You need to find that receipt proving they received and cashed your original pet deposit. You f'ing need a attorney. You need to search for receipts. Unfortunately the burden of proof is on you.
I did not write f'ing. It was supposed to say don't. You don't need a attorney. I hate typing on a iPad
The best advice is to simply get a receipt for any money you hand over or keep a copy of the stub or returned check. That's your receipt. I ALWAYS get a receipt for anything I pay for. Everyone has a file cabinet or a scanner. Start a file. Scan all the correspondence or receipts. Keep it under a file with the place you currently live in.
Sorry. If I was in her position I would do the same if I can't find the receipt. But any correspondence or payment I scan and print a copy and goes in the tenants file. You have to keep better records or its gonna cost you in the long run
Good luck.
I had a customer who I did a job for. About 12k. She was making payments of 2k per month. At month 4 she stopped paying. Talked to her and she was surprised and said she paid in full. So I sent her a bill on the remaining balance WITH a copy of every check she wrote. She still had a balance due of 4k.
Last edited by Electrician4you; 09-09-2014 at 06:42 AM..
It would have been normal and probable that it was a money order or cashier's check.
It would have been one of the payments required prior to move in and
required to have been in 'good funds', not a personal check.
If it's written into the first lease or contract to lease,
I think some burden of proof would be on the LL to prove it was not paid.
It would have been normal and probable that it was a money order or cashier's check.
It would have been one of the payments required prior to move in and
required to have been in 'good funds', not a personal check.
Maybe that's "normal" in some places, but in a couple of decades of renting apartments, I never had to pay a security deposit of any kind by money order. If they were going to accept my checks for the monthly rent (which they always did, of course), they accepted my deposits that way too. Maybe it varies by place -- my apartments were in New Hampshire, California, Michigan, and New Hampshire again.
But again, the OP first checked his bank records, which tells me it was usual to pay via check.
Maybe that's "normal" in some places, but in a couple of decades of renting apartments, I never had to pay a security deposit of any kind by money order. If they were going to accept my checks for the monthly rent (which they always did, of course), they accepted my deposits that way too. Maybe it varies by place -- my apartments were in New Hampshire, California, Michigan, and New Hampshire again.
But again, the OP first checked his bank records, which tells me it was usual to pay via check.
Maybe he will come back and explain further ...
First of all, Karen...we don't all live in NH, an extremely small state. Secondly, questioning the OP isn't finding her a solution.
I was a leasing agent in TX myself and if this apartment is a Texas Apt Association (TAA) member than they REQUIRE ALL DEPOSITS AND FEES to be paid prior and by 'certified funds'. In major cities, plenty of apartment communities (and within in smaller cities as well) are TAA-abiding members. The paying in 'certified' or 'guaranteed' funds serves as a protection to the LL because if that person has a check that bounced then it, not only gives off a bad impression of what type of rent you would be, but also could mean that the potential renter isn't serious and FOR SURE means they took that apartment off the market to other potential renters and secured the apartment, etc. for free...which property owners and their respective management DO NOT PLAY WELL! accepting your rent by check once you've legally bound yourself to a lease is FAR different than being a person interested in apartment (that has no binding financial responsibility) giving a check. You wouldn't just gives the keys after receiving a check for a stranger buying your car off the street that you've never met so why allow it for renting a piece of your professional property? And also, I've rented in Cali and each place required certified funds. My cousin rented in Michigan before purchasing his home and both those apartment communities required certified funds. So,'that's odd. Either way, TX has different laws respectively. Case in point, in TX plenty of communities (particularly in major cities like DFW) REQUIRE all deposits and application fees, etc. (think prior to signing a legally binding lease) in CERTIFIED FUNDS! and there are several that also ask for ALL MONIES AFTER MOVE IN AS WELL to be paid that way too.
To help with the issue at hand though, check bank statements for withdrawals. I understand a lot of people do not necessarily get the (often overpriced) certified funds from their own bank. I would go to the corner store when I needed money orders...$.50 versus $5! Anyway, in court a withdrawal showing close to the amount (maybe an extra little bit to cover fees) usually can do you some good in court. However, I'd look over that lease contract as I believe some contracts also state they must apply towards your rent first! In court, they have the burden of proof...meaning they'd have to PROOVE that you did not pay it but you'd also have to PROOVE your case as well (bank statement showing withdrawal). I understand deposits are typically paid in guaranteed funds so it may be harder to keep track of. However, I'm sure you can see you did yourself a disservice on this one. Also, I'd ask why your account showed that it was cleared to zero after payment each month if you DID NOT pay it ahead of time. Do some research and find what associations or organizations you can report their community too. Also, don't be afraid to let them know you'll contact a media outlet (I work for one in another city) and/the Better Business Bureau, etc. if that's your planned course of action.
Sorry this is so long and a bit late! Hopefully you got it worked out !
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THAT seems odd, and is why I think he may be remembering wrong.
You're counter-productive, Karen
