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Unauthorized (in my opinion) move out charge by leasing company Security Deposit

Discussion in 'Moving In & Out, Movers' started by rover, Jul 9, 2021.

  1. rover

    rover Law Topic Starter New Member

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    Good time of day, experts!

    My leasing agreement expiration was June 1, 2021. I moved out my belongings and handed over the keys from the apartment on May 30th to a resident services representative. About a week later in the move-out statement I noticed $201.50 charge with "Rent-early term - Accelerated rent" description. I did not ask for an early term rental cancelation nor was I warned about additional charges involved with handing over the keys 2 days early. I moved 4 times in the past several days before the expiration of the lease agreement with no extra charges for doing so.

    Question: is there any way I can get my $201.50 back?

    I had a long back-and-forth communication with the property manager over email, but they simply ignore my request to return the money and claim they've done everything correctly. Yet I believe that they must not have charged me because I never asked them to do so, and they also never warned me about additional charges involved.

    Any help is greatly appreciated, thank you!
     
  2. army judge

    army judge Super Moderator

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    All of the answers to things that puzzle, befuddle, or confuse you can be obtained by reading your former lease agreement.

    As you read the document, you're likely to better understand WHY you assisted in facilitating the $200 charge.

    The leasing agent had no duty to inform you that by surrendering the premises 24 hours early would cost you extra moola.

    Anyway, take your time as you peruse the document and after you've completed your reading you'll fully understand the property owner's position.
     
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  3. adjusterjack

    adjusterjack Super Moderator

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    Sure. File suit in small claims court and prove that it was wrongly charged.

    What does your lease say about it?

    Quote the section word for word. Don't paraphrase.
     
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  4. zddoodah

    zddoodah Well-Known Member

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    It's a little hard to answer this question without knowing the basis on which it was assessed. You wrote that your lease term ended on June 1, which is a little odd. Normally, lease terms end on the last day of the month. Is the charge for one day's rent in June? If $201.50 is one day's rent, then that would make your monthly rent $6,045. Is that right? Obviously, handing over the keys a couple days early is not an "early termination," as long as you've paid rent through the end of the rental term, so if that doesn't explain it, can you better explain?

    Of course, the ultimate answer is that, if you can't convince the landlord that the charge was improper, your recourse is to sue in small claims court.

    If the charge is permissible under the terms of your lease, then there was no need to warn you about anything.
     
  5. rover

    rover Law Topic Starter New Member

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    There's couple of relevant paragraphs in the lease agreement:

    There is no mention of "Accelerated rent" in the lease agreement as stated in the description of $201.50 charge.

    There was a separate charge for that one additional day which I payed in full, it's unrelated.

    I payed the rent through the end of the rental term on time and in full. And yes, I also believe that handing over the keys a couple of days early must not be considered as an early termination.

    Should I just push that I did not terminate my lease agreement early?

    The quotes from the lease agreement I published above seem to be the only things relevant to early termination, should look for something else?

    Thank you so much!
     
  6. zddoodah

    zddoodah Well-Known Member

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    Since you paid rent through the end of the lease term, and since turning over possession early is not an "early termination," it's still not clear to me on what basis the landlord is withholding this money. Should you push? Sure. Why not? If push comes to shove, however, you'll have to decide if $201.50 is worth your time and effort to file a small claims action (to say nothing of the filing fee, which would be recoverable if you win).
     
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  7. adjusterjack

    adjusterjack Super Moderator

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    One way to "push" is to write a letter to the owner of the building demanding the money and attaching a completed, but not filed, small claims complaint form (SC-100), give a deadline date for the return of the money, after which you will file suit.

    Before you do that, make sure you are willing to file suit, don't bluff.
     
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  8. rover

    rover Law Topic Starter New Member

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    Thank you!

    I sent another email asking to point me to exact paragraph in the lease agreement which justifies the charge with explicit breakdown. If the justification is based on the "Early termination" - I will keep arguing that I never terminated early. If they keep pushing back I would file the claim.

    Seems like a decent plan?..

    Thank you all again, very much appreciate your help!
     

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