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I recetly moved out of an apartment.
The language on the lease clearly states $Xxx.xx security deposit.
Then, all the way a the bottom of the lease, item 23 clearly lists an additional $YYY.YY pet security deposit.
The landlord sent me my security deposit for the exact value of $xxx.xx.
I remember when I moved in I was thinking the amount of money I gave this guy to move in was huge between first month rent, security deposit AND pet deposit.
Problem is, I cant trace in my bank statements that I paid more than the $xxx.xx security deposit.
Problem is, I am concerned that due to my not bein able to trace the extra $yyy.yy deposit through bank statements, I don't have much to go on.
The language clearly reads the deposits are for $xxx.xx AND $yyy.yy. I only recieved a refund for the $xxx.xx value, even though there were no charges applied to me moving out.
I am having such a hard time getting a hold of a lawyer or adviser on this, as perhaps the money involved is not worth most lawyers time.
Can anyone suggest solid info as to whether without electronic bank proof of exchange of money I can recover security deposit from a landlord when shorted $yyy.yy when clearly it is stated on the lease a total of $xxx.xx and $yyy.yy were the conditions of occupying the apartment ?
Maybe, without going to the trouble of finding proof of submission, just contact the landlord and ask for the pet deposit to be returned. You may learn you never paid it. You may learn it was non-refundable. You may just get it back. See what happens before you waste your time with trying to get a lawyer at this point.
Is it possible you put it on a credit card rather than pay for it with a check? I can't imagine being able to get back something you can't even prove you paid. If you put the payment on a credit card you should be able to find it showing up on your credit card statement within a month or two of when you know you paid the deposit.
Maybe, without going to the trouble of finding proof of submission, just contact the landlord and ask for the pet deposit to be returned. You may learn you never paid it. You may learn it was non-refundable. You may just get it back. See what happens before you waste your time with trying to get a lawyer at this point.
I already talked to him about it. He says the security deposit was for $xxx.xx only. He also checked his records, and couldnt find anything that stated otherwise.
The lease is clear, $xxx.xx for occupation security deposit, PLUS $yyy.yy for pet deposit.
Is it possible you put it on a credit card rather than pay for it with a check? I can't imagine being able to get back something you can't even prove you paid. If you put the payment on a credit card you should be able to find it showing up on your credit card statement within a month or two of when you know you paid the deposit.
I dont think i checked my credit card, But I really doubt I did that. Plus, this guy isnt tech savy at all, and he isnt set up for a cc payment.
If the amount is in the lease, it's a binding term/condition and the landlord will need to honor it. If the landlord wants to contest that specific term/condition/clause, it is up to them to prove to a court it was absolutely not paid. Once they included it in the lease and delivered a signed (you and them) copy to you, it is not your responsibility to prove you paid it, that lease is the receipt!
Now, depending on state law, Pet Deposits may not be held as Non-Refundable if listed as a deposit. In many states, any non-refundable amount has to be listed as a fee, charge, surcharge, etc., but not a "deposit".
However, this (as is all landlord tenant issues) are state specific and will be govern by state laws and case law.
I recetly moved out of an apartment.
The language on the lease clearly states $Xxx.xx security deposit.
Then, all the way a the bottom of the lease, item 23 clearly lists an additional $YYY.YY pet security deposit.
The landlord sent me my security deposit for the exact value of $xxx.xx.
I remember when I moved in I was thinking the amount of money I gave this guy to move in was huge between first month rent, security deposit AND pet deposit.
Problem is, I cant trace in my bank statements that I paid more than the $xxx.xx security deposit.
Problem is, I am concerned that due to my not bein able to trace the extra $yyy.yy deposit through bank statements, I don't have much to go on.
The language clearly reads the deposits are for $xxx.xx AND $yyy.yy. I only recieved a refund for the $xxx.xx value, even though there were no charges applied to me moving out.
I am having such a hard time getting a hold of a lawyer or adviser on this, as perhaps the money involved is not worth most lawyers time.
Can anyone suggest solid info as to whether without electronic bank proof of exchange of money I can recover security deposit from a landlord when shorted $yyy.yy when clearly it is stated on the lease a total of $xxx.xx and $yyy.yy were the conditions of occupying the apartment ?
Ordinarily, if you are contending that you paid someone money, the burden of proof is on you to show that you did.
If you can't provide the proof and the other party disputes that the money was paid than you are out of luck.
Proof does not always mean providing a financial record and/or bank deposit slip. It can consist of merely your own testimony in court. However, if the other party also testifies they were never paid, few judges would say you met your burden of proof.
If you can't come up with some documentation you paid this money, you best forget it.
Most pet deposits are not refundable. They are to cover the additional expense of getting the apartment ready for the next renter. There is always extra wear and tear if a pet lives in a unit. If the wear and tear from a pet, is more than the deposit the landlord will charge additional, and that can be taken from the deposit, which you did receive in full apparently.
Ordinarily, if you are contending that you paid someone money, the burden of proof is on you to show that you did.
If you can't provide the proof and the other party disputes that the money was paid than you are out of luck.
Proof does not always mean providing a financial record and/or bank deposit slip. It can consist of merely your own testimony in court. However, if the other party also testifies they were never paid, few judges would say you met your burden of proof.
If you can't come up with some documentation you paid this money, you best forget it.
But wouldn't the lease, drafted and presented by the landlord, which includes that amount inserted by the landlord, signed by both parties including the landlord to the contract, serve as proof of payment?
Under normal circumstances where you are saying I paid and they are saying you did not pay, proof is required and that proof can be a signed receipt by the receiver. In landlord tenant issue, the lease itself can serve as a receipt of payment. It's just like when landlords use to include the receipt of the security deposit, worded as if it was actually paid, but didn't really collect it. Many courts have accepted the lease wording as acceptance of the security deposit amount by the landlord because they were the one drafting the document and signing it. Why would a landlord insert a financial payment in a lease, sign that lease, have it signed by the tenant, make a copy for the tenant yet try to say they didn't actually receive it? Had they not received it, most small claim judges will say it shouldn't have been included as a receipt of payment in a lease.
Our attorney has excluded any references to the physical "payment" of any deposit or sums (unless required to be included by state law) in the lease and mention them by reference to a separate payments. Example, we don;t say a person paid anything, we say they are to pay and that their receipt will serve as proof of payment to be kept with the lease. Our attorney would crucify us if we said in the lease something was paid or received if it was not actually paid or received. We made that mistake and learned from it.
If it is listed separately it is very possible the pet deposit is nonrefundable. Seems like a question you should have asked when leasing the unit.
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