If the contract that was signed says that you are out 100.00 FRN's. Make
sure they have an actual contract like that with your name on though. If not
they will owe you everything. Then at worst it could be settled in small
claims in around 30 days.
From: beelzebaby1 [mailto:sugarless1027@...
Sent: Wednesday, June 09, 2004 10:25 PM
Subject: [tips_and_tricks] problems with rental security deposit
I'm having a little problem with the management company of my last
apartment. Here's the problem, with a little background.
1-We got our first month free, so we paid pro-rate rent (we moved in
5 days early) and our security deposits. About a week after the 1st,
they send us a notice basically saying we owed them money when we
didn't, and they admitted they'd made an error (they use all paper
and whiteout there) so everything was settled we thought. Next day
we have an eviction notice. Again they say "oops, we forgot we
settled this yesterday." We had a few other problems with them
thinking we were missing money on our rent, because they'd forget to
write down a check. We were never once delinquent.
2-move out, they write down our forwarding addresses on the move-out
3-wait for our checks. former roommate/brother recieved his.
roommate/boyfriend recieved his. I'm thinking "ok where is mine?" I
call them up, they say they never had a forwarding address for me
(bullshit, because they sent one to the same address for my
boyfriend) and they issued me a new one when it never showed up
since it was supposed to be "bounced off my old address to be
forwarded by the post office".
4. new check came. missing my deposit for our cat, which was $200
(out of $300). I call them up and they say they'll call me back when
they figure it out.
5. they say they will give me $100, because they say although they
don't have anything to show I ever even paid a cat deposit (?!?!)
the contract is signed (don't you usually have to pay before they
sign it?) and it says exactly
<b>Tenant will pay a $<u>200</u> pet deposit, plus $<u>100</u>,
which is a non refundable pet fee.</b>
and they say this means I paid $200, and I get $100 back. I am
trying to track down the cancelled check to show we did pay $300 but
so far no such luck. Either my mom or brother paid it, so hopefully
we're not just mistaken all this time and we will be able to find it
and get our money back.
So they're sending a check for $100, and I'm wondering if I should
just quit messing around with them and file a claim against them. Or
am I reading this contract wrong? They keep losing all our paperwork
so it's a damn good thing I even have this contract, since they seem
to be trying to say we never paid anything at all. Do I need to find
the cancelled check or will the contract and their habit of
losing/forgetting things speak for itself in court?
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