Landlord Says I Owe Rent from a Year Ago

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ddcrandall

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I live in Michigan, and just ended the second lease (Sept. '07 - Aug. '08) with a landlord, and am now renting from someone else. When I went to turn in my keys, my landlord informed me that I owed rent from the first apartment of theirs that I lived in (Sept. '06 - Aug. '07). Specifically, they say that one of my payments was applied twice, and that my security deposit was applied to both the rent on the first apartment and the security deposit on my second.

As for the first part, they claim that one of the money orders I paid them was applied twice. The evidence they have for this is that the numbers in their computer system are the same. However, they said that they have to truncate the identifying numbers of money orders. (So, if the number on the two money orders were 9875641131 and 9875641132, they would look identical.) They also showed me the bank deposit slip from that period which shows only one money order with those numbers being deposited.

Next, they allege that they applied the security deposit from my first apartment to both the rent on that lease and the security deposit on my second apartment. The evidence they have for that is basically the same as before, but without the ambiguity surrounding the money orders. Their system says it was applied to both, and they have no deposit showing a second payment.

They admit to giving me receipts that said that I owed nothing.

I do not have any of my receipts from the first lease, but firmly believe that I paid the rent on my first apartment in full, especially in the case of the money order.

As a result of this, they are claiming that rather than them owing me $700, I owe them $695. Is this legal?

Thank you for your time and any help you can give me.
 
I am not a lawyer, but I am an accountant, and what they are trying to pull sounds like crappy accounting. It is not your fault that they have failed to maintain proper records - if the basis for them claiming that they double applied a payment is due to an error in the system that incorrectly (and according to my understanding of your post) will assuredly result in a double record, then that as evidence is not a basis to disprove payment. Do you have any record of your own of the money orders? Bank statements? Your own personal accounting/financial records?

Since they are being shady asking for rental payments over a year later that they never billed you for, they should be able to give indisputable evidence to prove you didn't pay.

I would make sure you are assertive about the foolish errors in the system and cite the fact that they gave you receipt of no more charges.
 
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