Complicated Security Deposit Question-After 2 yrs Landlord Says I owe Sec Deposit

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jopach23

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Just recently I received a notice form my landlord that upon an audit of my account they do not have listed my security deposit. They are now wanting proof that I paid it when I moved in. I moved in in August 2008. I am in my 2nd lease from them. From what I recall I am sure I paid it, but I can't find a receipt from it.

More details. I guess its from my first years lease I signed which is over.( I signed a new one in Aug 2009 for one year and it did not require any additional deposit on it). I am sure I paid it along with my app fee and also on my initial lease I did pay in full up front six months lease, and I did over pay by $200.00. Which they told (regarding the 200.00)me they deducted the money overtime on water bills, trash etc.

I have had constant problems like this with this apartment complex. They have new managers every other month and new employees every month. They have no employees right now that handled my lease. In fact they don't have employees any older than a few months on the job. I have gone through similar issues like this with them in the past. The apt staff are always doing this. I used to receive regular notes on my door stating they are doing an audit and I owe money for this or that. They have always been wrong. Each time a new manager and new staff is hired they do an audit because of previous bad management issues.

Question is I cant find the receipt for the deposit, does this mean I will have to pay it again just because they claim I owe them this? I know for a fact that they have audited my account before and this is the 1st time they have made this claim that I owe them a security deposit. Can anyone out there give me some advice on what to do?

Thank You,
Joe
 
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Look to the original lease and supporting documentation.

It should be noted on one of those documents.

If not, how did you pay the deposit?

Money order, cash (most apartments won't take cash), personal check???
 
I have looked at the original lease and it does show on clause 4 under sec deposit total $100.00. due on or before date the lease is signed. But the original lease does not say if its been paid or not. I have rented apts many times before and I usually pay my deposit ahead of time in order to "save" the apt., usually right after I pay my app fee and its approved. So more than likely I would of paid it before I signed my lease. I would of paid by MO or check. To be honest I just don't remember how I paid it with either M.O. or check. Does it matter that this lease w/the security deposit has already lapsed? In other words it was a one yr lease and that lease is no longer valid.

Also, in all my times I have rented an apartment a security deposit is one thing that apt landlords do not miss or forget, so its unlikely that they "missed it" or "forgot" it when I initially moved in. In TX they usually make you give it ahead of times, thats my experience, in order to save an apt for you.

Also this is a very poorly run place and I just do not trust them. Like I said I have had battles with new managers before because of poorly documented or kept records by prior staff.
 
You have lived in the unit almost two years, if not longer.

You wouldn't have possessed the unit that long, unless you had paid the deposit.

Presumptively, you've paid it.

I'd ask them prove that you didn't pay it.

The leases you signed after the original one, allowed the original deposit to stay in place.

They need to go after the previous owners for the deposit you paid.

That isn't your problem.

I concur with your analysis.
 
First thanks for your help.

I don't think these are new owners its just new managers at this particular complex. So I don't think the original owners have sold this apt complex, but they have problems retaining staff and managers so there are always new staff and managers coming and going. Like I said I have been here two yrs and I have noticed an least 8-10 different managers, same thing with the staff, always new staff every month or so.

The problems began in Jan 09, like I said I initially paid 6 months of rent up front and I moved in in mid-Aug 08 and I accidently paid all of August which they informed me that I overpaid. It seems as if my paying up front 6 months confused them. So I paid form Aug 08 until the end of Jan 09. Then came the beginning of Jan 09 I started getting notices saying I owe 200.00 then I would fix that issue then the next month another notice saying I owe 150.00, etc. Then I would receive notices saying I owe for water and trash 50.00 then 65.00. They never applied the 200.00 like they told me they would. So this lasted 6 months and I had to fix it every month with a new manager. So my account has been tinkered with by management many times. But the end result was I was always right and I did not owe any money. After many months of not being bothered i received a notice a few days ago saying I owe $4.26 for water issues. I paid it. Then today this issue comes up with the security deposit. Do you find this strange? Also can an apt manager get away with always saying well you owe me money because an audit showed you do no matter how much time has passed? A lease is a contract and don't contracts have specific time frames beginnings and endings to them( specified within the terms of the lease/contract)?

Thanks Again,
Joseph
 
Why not conduct your audit?

You know what you paid and when.

If you had not paid, they would have tried to evict you.

I agree their accounting is maddening and troubling.

I'd begin seeking new digs.

It'll be hard to fight over the $100 or $200 deposit.

Apparently, these shysters are trying to snatch it away from you.

I'd stay month to month until I could afford to move.
 
My lease is almost up and I plan to leave, but month-to-month they try to make it so expensive so that you stay. When my original lease was up they asked me to renew but if I did not month-to-month would be $980.00 (my rent is 675.00). They also institute a 60-day notice policy. I have never experienced that before its always 30 day notice. But believe me I intend to leave.

Thanks,
Joe
 
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