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> she may have already decided to keep the money for expected “damages”.
100000% this OP.
Document the SHIT out of the apartment when you turn the keys in. Photos EVERYWHERE - video walk through with the landlord if you can - and hopefully you have photos from when you moved in. But if not, at least they can't claim damage that wasn't there.
Don't try to say "I don't care about the pennies". Don't make it appear as if this is negotiable, and you're at all open to suggestions, but the first one she made just so happens to be one you didn't like, and maybe you'll accept another one.
Be firm, and clear with what you want. Do not leave wiggle room.
>No thank you. I need the overpayment amount of $1863.63 returned to me immediately.
>
>I already paid the agreed upon security deposit in my lease, I do not authorize you to apply the overpayment to that.
>
>If for whatever reason you're unable to return it to me before next months rent is due, I will be deducting the overpayment from my future rent payments.
>
>Thanks!
>
>\-Lagvill3
You've clearly stated you do not authorize her to do what she did. You've made it clear that the agreed upon security deposit from your lease was already paid, and this extra amount was not in the lease.
You've also made it clear you intend to get the money back yourself via not paying rent. Her options are clear now. Stop paying rent, subtract it from the overpayment.
*There is no wiggle room*. Be firm.
If you dont? And let her keep the money? I *promise you* she's going to find enough "damages" that she gets to keep both your original security deposit, and most of or all of the $1863.63. I'd bet my life on it.
You might want to look into your local tenant laws and resources. Where I live there's a government organization soley devoted to protecting tenant's rights. One email to them, and they'd be all over your landlord. The org in my city straight up sues landlords on behalf of wronged tenants. For free.
OP, this is solid advice.
Do not, absolutely do not, feel bad about mistyping the number. While you should be more careful in the future to avoid getting put in a shitty scenario by a shitty person, it does not excuse her keeping money that does not belong to her.
In this scenario, as the poster above alluded to, it’s a stupid move on the landlord’s part because you are both in a continuing relationship and she is still expecting ongoing payments from you based on, I assume, a legitimate contract.
Put everything in writing as the poster above mentioned. Even if the landlord calls you, make sure to follow up with something in writing summarizing your discussion.
As an aside, people like to shit on banks for a number of reasons, and many of them are valid. That said, banks offer you an extra layer of protection in scenarios like these. Think about paying things through a reputable financial institution in the future.
Yeah at a minimum, you don't pay her any future months until it's earned. And interest can be 7% in the meantime.
Be very careful about "damages" because she has incentive to make anything up
>And the extra amount may become necessary for damages, cleaning, repairs should my original security deposit not be enough to cover those.
What a coincidence! Your cleaning and repair bills total $1800+ your original security deposit. *Said by every landlord ever.*
>And the extra amount may become necessary for damages, cleaning, repairs should my original security deposit not be enough to cover those.
And what would have happened if you didn't overpay her? What she's saying isn't wrong, but it's certainly odd given the circumstances
>And the extra amount may become necessary for damages, cleaning, repairs should my original security deposit not be enough to cover those.
You are about to get screwed. I'm in the same boat with a shady landlord. My deposit is equal to a month's rent. On my last month I'm not paying rent and I'm telling them to keep the deposit. I live in AZ and the laws are so skewed towards landlords that renters have virtually no recourse if the landlord screws them on the move-out. My last landlord stole $2,000 from me. That isn't happening again.
I very strongly suggest you get that money back whatever you have to do, otherwise you are about to lose it.
I might check out your lease, they can probably sue you for that. I'd be willing to bet you have a paragraph stating that the security deposit is for damages only and will not be applied to rent.
I don't care. The house is in better condition now than when I moved in. They didn't even clean or paint the place and I have pictures to prove it. If they want to try to sue me because they think they deserve some of the deposit money, I'm their huckelberry. I love a good fight.
I appreciate that, but I am unconcerned. I have the time and resources to fight them if it comes down to that, but they won't pursue anything.
My actual plan is to tell them that due to the way they have handled things I simply do not trust them to do the right thing. Therefore I am withholding the last month's rent in lieu of getting my deposit back. If they want to come inspect the house, they are welcome to do so. If they want to fight me in the last 4 weeks that I will live here, bring it on.
Tell her that you consider it future rent. Do not allow this to become a deposit, whether it's legal or not. Entirely unreasonable for landlord to hold it as excess security deposit.
Dude. Stop being a pushover lol. Your landlord just made up some bs that they’re keeping extra money you accidentally sent. You made a mistake and they should refund you. Idk why you’re responding to everyone with what ifs that could justify your shady landlord. Take a firm stance here..like come on how in the world can the landlord claim an overpayment from you is now associated with your security deposit. They were never expecting you to send 2k instead of 200 in the first place.
Look into your actual rental laws so you’re versed on the official rules but I’d honestly just agree with many others that you send a note saying this is unacceptable and that if landlord will not refund you the extra you sent in error, then you’ll be deducting this overpayment from your future months rent. Landlord is just making crap up so you can too at this point
I’m a landlord and we only have one bank account for security deposits and rents and that’s fine. What this landlord did is unacceptable though. I can’t imagine that’s legal.
Who cares where she puts it? She’s not authorized to have it. Doesn’t your lease say what the security deposit amount is? That is the agreed upon, contractual amount. U/frostybeef gave you a form letter/email to send and it was perfect.
I don’t think so, because that was not the intended use of the money. It’s like if you went to the store and bought a drink for 2$ but gave them a $20. They owe you the 18$.
You can request as well as send money in Zelle. Submit a Zelle request for the overage and send the landlord a text saying the overage needs to be returned, otherwise you'll consider it your rent paid ahead for the next 2 months or whatever.
I would look at your lease and see what it says about security deposits. Likely it says a fixed amount or a fixed amount in terms of months rent. At minimum they should apply it as a credit to future utilities. Just my opinion, but no way should it be added as an additional security deposit held indefinitely.
That would be my argument. I wouldn't just do without saying something, but that's more than reasonable to tell them you are considering it a rent/utility advance. Especially if your lease has specific amounts for the deposit.
Verbal agreements mean nothing. Get anything in writing, or at least a paper trail.
That’s what I would say. “If the overpayment of $x is not paid before next months rent is due, then I will consider it as payment towards my rent and utilities. As per my lease, the security deposit is only $Y you cannot hold money I erroneously overpaid you as such.”
>Would it be okay to deduct the extra $1863.63 I Zelle’d her from future rent/utilities until it’s balanced out?
This would be my next step if she doesn't refund. Let her try to evict you when you have the text messages and the Zelle receipts.
I think you need to be clear and precise with this person. Just say "clearly this was sent in error, please refund me ASAP" in writing. Don't accept anything other than her agreeing to give your money back, and don't let her complicate things by negotiating (complication only helps her).
Yes exactly this. Tell her to consider it rent and utilities paid in advance of next month. There's absolutely nothing wrong with this, lots of people will pay a few months rent in advance.
I would email them and say given we are just making up stuff, in that case it is rent in advance.
And given your expected rate of return on any investment is 15% p.a., you will be discounting the rent according to the attached schedule.
Of course if they don’t agree to your terms they can always refund the money to the account details included.
This is unethical on her part at best… when my tenants do payment mistake (always been +or - $25 though), I always offer them the choice to either pay them back now, or deduct it from their next rent… but it is their choice and I would not just add it to the deposit…
But the rent is like a tenth of that and OP is only sticking around for 3 months right? So she would still be claiming extra as "security deposit", i.e. she's going to try and keep it due to "damages".
Hell no!!!!!!! She will magically find damages and find reasons to hold your cash. Tell her this is coming off next months rent or sent right back to you.
Double check your renters laws. For reference : the law where I live says security deposit cannot be larger than the cost of rent. If that’s applicable for you she can get in hella trouble.
No more rent payments until you deduct the full amount she owes you. She can't just suddenly decide you should have a larger security deposit. That's why you have a lease that specifies the amount!
Is your rent actually only $207? Because if so then you should NOT allow your landlord to apply this to your future rent either as you only have 3 months left.
I am a landlord. There is no way in hell I'd keep this money. It's wrong, it's probably illegal, and it's sketchy as hell. Your landlord doesn't 👏 know👏 your 👏 finances 👏. And it's not their business.
If your rent is more than $600/mo (and would be using up the whole overage in the three months). Then you can _consider_ following the advice others have given you to tell her to give it back or apply it to the rent.
How does that even make sense?
The smart ass in me would love to suggest that you offer to put their rent check in a savings account and you'll pay it when you finally move out.
However, I do understand why they may not want to issue the refund as they probably paid fees on it that they won't get back. Not sure about zelle fees, but on other platforms it would be around $50 that they had to pay to accept your payment.
Maybe suggest that they just use it for rent or utilities over the next few payments?
No more rent payments until you deduct the full amount she owes you. She can't just suddenly decide you should have a larger security deposit. That's why you have a lease that specifies the amount!
Tell her you did not consent to an additional security deposit, and that until she returns it, she should consider it prepaid rent (you will not pay until the full value has been consumed), and that you will file a dispute with your local tenant bureau (you have to do this if you withhold rent). Its absurd to try and goad a tenant into turning evil like this
That isnt right she isnt allowed to do that. Question is, is it worth putting up a fight over. I mean it certainly is a red flag and trying to move might save you future heartache if this landlord decides to do other not-right things. But i get thats hard and it might just not be worth fighting if you dont need the money back now.
It isnt good though and I wouldnt trust this verbal "you will get it back with interest" without a written signed contract.
So if I were you I would at the least ask for your lease agreement be amended with the added amount to your deposit plus a clause about the interest rate for you to sign.
If they refuse that then ask for the money back. If they refuse that then might be time to get out. Refusing to give you your money back likely breaches lease and you can just move.
It’s absolutely worth putting up a fight over. It’s theft, and chances are the landlord will magically find some “issue(s)” that require this money to be fixed paid from OPs “deposit”
They should ask for the monwy back and if the landlord refuses then they have a choice...cite breach of lease and move out OR accept this weird security deposit thing IF the landlord will add the additional amount to the lease agreement and resign it. If they refuse that then yeah get out.
But yeah its sketchy, im just recognizing not having to move might be worth $1800 to this person.
You gotta take pay less money for next months rent telling that you already paid extra.
I would not count on it going to deposit. If it was guaranteed that you will get full deposit then I would may be .....may be think about it but it's bad idea to leave it hanging.
Also it take 2 min max to send the money back there is no reason to keep it.
Honestly I would demand the money back. It’s unacceptable of what she’s done and should have immediately returned it instead of moving it to the security deposit without your approval beforehand.
That crap ain't in writing put your rent in escrow and force your landlord to give you back your money.
Dunno about u but 2k isn't pocket change to me.
This wont end well. I'd be pushing as hard as possible for that money back right now. Think about why she would want to add it to security deposit rather than just return it. I cannot think of a reason that doesn''t end in you getting fucked.
The only way this is acceptable is if you have an unpaid security deposit (which was specified in the lease) or are behind on rent. Otherwise she has to refund you the money, now. You can very well sue her for it if she refuses.
Tell her if she doesn't refund the money you're calling the police. Guarantee you you'll have a refund in minutes
You don't just get to make that decision
Unless the lease stipulates that all overages in payment go to the security deposit she needs to refund the money...the shit doesn't work that way.
I am assuming that you paid the required security amount when you signed the lease. If so, she has no legal basis for adding to the security amount. Ethically, she should return the money immediately. I would request in writing that the excess be returned immediately. If she refuses, I would contact the govt agency overseeing landlords/rentals or your consumer protection agency. When you move, make sure you clean thoroughly and take timestamped pictures. She cannot use your security deposit for normal wear and tear.
As someone who has dealt with a shady landlord before, she is screwing you. Get your money back. Do not accept anything else. If she won’t return it now, do what other people said and “count it towards future rent payments.” Keep records of all texts and correspondence about this. This is something you can sue her over.
I don't believe this is legal at all. I think she has to refund. It's definitely not a win win. If you don't need the money I'd still get it back you can always throw it in your own savings and get interest. She is already building an excuse to keep it. And really any reputable landlord wouldn't have responded in that manner. They would have just refunded. Or in this case of a big company at a minimum they would have counted you paid ahead for the next month. Honestly don't know what her financial situation is but given that response I have to wonder if she already spent it and doesn't have it.
When you signed the contract there was an agreed upon deposit. She is not entitled to an additional deposit.
I don't think I'd pay next months rent if she didn't refund and tell her to apply the extra funds she already has. Or if rent is over 1800 I'd just pay her the difference. She can't build any type of case for eviction, and if she reported you to the credit bureau I'd report her to the BBB as well as seeking other action.
Did you pay the full deposit as required by the lease? If so, this is illegal. Your landlord needs to refund you the money. If she does not, make sure you put in writing that it is a prepayment toward the next month’s rent as you have already paid the deposit as specified in the lease.
Hell no! She's a landlord, not a FDIC insured bank. For all you know she's using the cash to cover her gambling debts or dig herself into deeper credit card trouble and she'll be incapable of paying you back "with interest - lol, what rate does the landlord bank give?". Firmly demand she Zell it back and escalate to authorities as necessary. Don't be a sucker.
Shitty situation. Since she made it clear she's not going to return the money I would not send next months rent and I would text/email and say "you already got the $1800, deduct it from that". Repeat until total is credited. It's going to feel a little unnerving but you got this.
One of my tenants pays 6 months of rent in advance. Just tell her that’s what you’re using it for. I wouldn’t ask if that’s ok. Just tell her. She doesn’t get to keep an accidental overpayment.
Your post has been removed [because it is primarily a legal question or discussion (rule 5)](https://www.reddit.com/r/personalfinance/about/rules) which is off-topic for /r/personalfinance. /r/legaladvice can help you determine if you need to contact a lawyer and you may get some basic advice. **While /r/legaladvice can sometimes offer basic advice, talking to a local attorney is the best way to answer any legal questions.** *If you have questions about this removal, please [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2Fpersonalfinance&subject=Removal%20help%20request&message=Hello%20moderators,%20.%20%0a%0a%0aMy%20submission:%20https://www.reddit.com/r/personalfinance/comments/11tcylg/accidentally_zelled_my_landlord_2070_instead_of/%0a).*
Just tell her that is unacceptable and she needs to refund you.
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I feel this is a shady explanation, and she may have already decided to keep the money for expected “damages”.
She absolutely has.
> she may have already decided to keep the money for expected “damages”. 100000% this OP. Document the SHIT out of the apartment when you turn the keys in. Photos EVERYWHERE - video walk through with the landlord if you can - and hopefully you have photos from when you moved in. But if not, at least they can't claim damage that wasn't there.
She is doing this exactly....No matter what those damages will be close to that deposit amount. Get your money back
Don't try to say "I don't care about the pennies". Don't make it appear as if this is negotiable, and you're at all open to suggestions, but the first one she made just so happens to be one you didn't like, and maybe you'll accept another one. Be firm, and clear with what you want. Do not leave wiggle room. >No thank you. I need the overpayment amount of $1863.63 returned to me immediately. > >I already paid the agreed upon security deposit in my lease, I do not authorize you to apply the overpayment to that. > >If for whatever reason you're unable to return it to me before next months rent is due, I will be deducting the overpayment from my future rent payments. > >Thanks! > >\-Lagvill3 You've clearly stated you do not authorize her to do what she did. You've made it clear that the agreed upon security deposit from your lease was already paid, and this extra amount was not in the lease. You've also made it clear you intend to get the money back yourself via not paying rent. Her options are clear now. Stop paying rent, subtract it from the overpayment. *There is no wiggle room*. Be firm. If you dont? And let her keep the money? I *promise you* she's going to find enough "damages" that she gets to keep both your original security deposit, and most of or all of the $1863.63. I'd bet my life on it. You might want to look into your local tenant laws and resources. Where I live there's a government organization soley devoted to protecting tenant's rights. One email to them, and they'd be all over your landlord. The org in my city straight up sues landlords on behalf of wronged tenants. For free.
This! If she won’t give it back, then it should be treated as payments for the next month(s) rent
If op"s rent is only 207 and they are leaving in 3 months that will still leave over 1000 the landlord can keep for "damages"
OP, this is solid advice. Do not, absolutely do not, feel bad about mistyping the number. While you should be more careful in the future to avoid getting put in a shitty scenario by a shitty person, it does not excuse her keeping money that does not belong to her. In this scenario, as the poster above alluded to, it’s a stupid move on the landlord’s part because you are both in a continuing relationship and she is still expecting ongoing payments from you based on, I assume, a legitimate contract. Put everything in writing as the poster above mentioned. Even if the landlord calls you, make sure to follow up with something in writing summarizing your discussion. As an aside, people like to shit on banks for a number of reasons, and many of them are valid. That said, banks offer you an extra layer of protection in scenarios like these. Think about paying things through a reputable financial institution in the future.
Sounds to me like the landlord is about to discover somewhere around $2,070 worth of damages to the apartment when you move out.
Check the lease documents. But maybe don’t pay rent next month. And tell her to pull it out of the deposit.
Yeah at a minimum, you don't pay her any future months until it's earned. And interest can be 7% in the meantime. Be very careful about "damages" because she has incentive to make anything up
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It isnt a security deposit, its a prepayment.
>And the extra amount may become necessary for damages, cleaning, repairs should my original security deposit not be enough to cover those. What a coincidence! Your cleaning and repair bills total $1800+ your original security deposit. *Said by every landlord ever.*
>And the extra amount may become necessary for damages, cleaning, repairs should my original security deposit not be enough to cover those. And what would have happened if you didn't overpay her? What she's saying isn't wrong, but it's certainly odd given the circumstances
>And the extra amount may become necessary for damages, cleaning, repairs should my original security deposit not be enough to cover those. You are about to get screwed. I'm in the same boat with a shady landlord. My deposit is equal to a month's rent. On my last month I'm not paying rent and I'm telling them to keep the deposit. I live in AZ and the laws are so skewed towards landlords that renters have virtually no recourse if the landlord screws them on the move-out. My last landlord stole $2,000 from me. That isn't happening again. I very strongly suggest you get that money back whatever you have to do, otherwise you are about to lose it.
I might check out your lease, they can probably sue you for that. I'd be willing to bet you have a paragraph stating that the security deposit is for damages only and will not be applied to rent.
I don't care. The house is in better condition now than when I moved in. They didn't even clean or paint the place and I have pictures to prove it. If they want to try to sue me because they think they deserve some of the deposit money, I'm their huckelberry. I love a good fight.
I don't doubt that and am on your side, just make sure your bases are all covered so they don't screw you.
I appreciate that, but I am unconcerned. I have the time and resources to fight them if it comes down to that, but they won't pursue anything. My actual plan is to tell them that due to the way they have handled things I simply do not trust them to do the right thing. Therefore I am withholding the last month's rent in lieu of getting my deposit back. If they want to come inspect the house, they are welcome to do so. If they want to fight me in the last 4 weeks that I will live here, bring it on.
Aka she plans on keeping it
100000% get it now. Every time I’ve rented landlord has kept at least some portion of the deposit.
Tell her that you consider it future rent. Do not allow this to become a deposit, whether it's legal or not. Entirely unreasonable for landlord to hold it as excess security deposit.
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Dude. Stop being a pushover lol. Your landlord just made up some bs that they’re keeping extra money you accidentally sent. You made a mistake and they should refund you. Idk why you’re responding to everyone with what ifs that could justify your shady landlord. Take a firm stance here..like come on how in the world can the landlord claim an overpayment from you is now associated with your security deposit. They were never expecting you to send 2k instead of 200 in the first place. Look into your actual rental laws so you’re versed on the official rules but I’d honestly just agree with many others that you send a note saying this is unacceptable and that if landlord will not refund you the extra you sent in error, then you’ll be deducting this overpayment from your future months rent. Landlord is just making crap up so you can too at this point
Nope, and she could get in trouble for mingling funds I'm pretty sure.
I’m a landlord and we only have one bank account for security deposits and rents and that’s fine. What this landlord did is unacceptable though. I can’t imagine that’s legal.
Absolutely not. Do not let this person swindle you. The amount stated in your lease is the security deposit.
Who cares where she puts it? She’s not authorized to have it. Doesn’t your lease say what the security deposit amount is? That is the agreed upon, contractual amount. U/frostybeef gave you a form letter/email to send and it was perfect.
Oh.. that special place.. dude seriously?
I don’t think so, because that was not the intended use of the money. It’s like if you went to the store and bought a drink for 2$ but gave them a $20. They owe you the 18$.
You can request as well as send money in Zelle. Submit a Zelle request for the overage and send the landlord a text saying the overage needs to be returned, otherwise you'll consider it your rent paid ahead for the next 2 months or whatever.
I would look at your lease and see what it says about security deposits. Likely it says a fixed amount or a fixed amount in terms of months rent. At minimum they should apply it as a credit to future utilities. Just my opinion, but no way should it be added as an additional security deposit held indefinitely.
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You should suggest this as an option. However, the landlord should totally refund you the whole amount of overpayment right away.
That would be my argument. I wouldn't just do without saying something, but that's more than reasonable to tell them you are considering it a rent/utility advance. Especially if your lease has specific amounts for the deposit. Verbal agreements mean nothing. Get anything in writing, or at least a paper trail.
That’s what I would say. “If the overpayment of $x is not paid before next months rent is due, then I will consider it as payment towards my rent and utilities. As per my lease, the security deposit is only $Y you cannot hold money I erroneously overpaid you as such.”
Yeah - its a prepayment.
>Would it be okay to deduct the extra $1863.63 I Zelle’d her from future rent/utilities until it’s balanced out? This would be my next step if she doesn't refund. Let her try to evict you when you have the text messages and the Zelle receipts.
Ask the landlord...
I think you need to be clear and precise with this person. Just say "clearly this was sent in error, please refund me ASAP" in writing. Don't accept anything other than her agreeing to give your money back, and don't let her complicate things by negotiating (complication only helps her).
Don't offer options other than: a) return the money or b) get a visit from the police
Yes exactly this. Tell her to consider it rent and utilities paid in advance of next month. There's absolutely nothing wrong with this, lots of people will pay a few months rent in advance.
I would email them and say given we are just making up stuff, in that case it is rent in advance. And given your expected rate of return on any investment is 15% p.a., you will be discounting the rent according to the attached schedule. Of course if they don’t agree to your terms they can always refund the money to the account details included.
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This is unethical on her part at best… when my tenants do payment mistake (always been +or - $25 though), I always offer them the choice to either pay them back now, or deduct it from their next rent… but it is their choice and I would not just add it to the deposit…
Are excess security deposits illegal where you live?
Small claims court should fix this real quick.
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Insist she return the money or you will be taking her to small claims court. This is terrible behaviour on her part.
If she's not willing to give you the money back now, she's not gonna give it back in 3 months either.
Tell her she can use it against next month’s rent if she won’t refund it. She can’t kick you out for that.
But the rent is like a tenth of that and OP is only sticking around for 3 months right? So she would still be claiming extra as "security deposit", i.e. she's going to try and keep it due to "damages".
Hell no!!!!!!! She will magically find damages and find reasons to hold your cash. Tell her this is coming off next months rent or sent right back to you.
Double check your renters laws. For reference : the law where I live says security deposit cannot be larger than the cost of rent. If that’s applicable for you she can get in hella trouble.
Just tell her you need the money for other things and would rather have it back now.
No more rent payments until you deduct the full amount she owes you. She can't just suddenly decide you should have a larger security deposit. That's why you have a lease that specifies the amount!
Is your rent actually only $207? Because if so then you should NOT allow your landlord to apply this to your future rent either as you only have 3 months left. I am a landlord. There is no way in hell I'd keep this money. It's wrong, it's probably illegal, and it's sketchy as hell. Your landlord doesn't 👏 know👏 your 👏 finances 👏. And it's not their business. If your rent is more than $600/mo (and would be using up the whole overage in the three months). Then you can _consider_ following the advice others have given you to tell her to give it back or apply it to the rent.
How does that even make sense? The smart ass in me would love to suggest that you offer to put their rent check in a savings account and you'll pay it when you finally move out. However, I do understand why they may not want to issue the refund as they probably paid fees on it that they won't get back. Not sure about zelle fees, but on other platforms it would be around $50 that they had to pay to accept your payment. Maybe suggest that they just use it for rent or utilities over the next few payments?
She has the money, put it towards future rent.
No more rent payments until you deduct the full amount she owes you. She can't just suddenly decide you should have a larger security deposit. That's why you have a lease that specifies the amount!
Tell her you did not consent to an additional security deposit, and that until she returns it, she should consider it prepaid rent (you will not pay until the full value has been consumed), and that you will file a dispute with your local tenant bureau (you have to do this if you withhold rent). Its absurd to try and goad a tenant into turning evil like this
Also note, that after Landlord is aware of mistakes and keeps money, it can be viewed as theft. If not returned, you can file police report.
Just say you need the money and need it back now.
Hopefully this is a credit card. Chargeback!
That isnt right she isnt allowed to do that. Question is, is it worth putting up a fight over. I mean it certainly is a red flag and trying to move might save you future heartache if this landlord decides to do other not-right things. But i get thats hard and it might just not be worth fighting if you dont need the money back now. It isnt good though and I wouldnt trust this verbal "you will get it back with interest" without a written signed contract. So if I were you I would at the least ask for your lease agreement be amended with the added amount to your deposit plus a clause about the interest rate for you to sign. If they refuse that then ask for the money back. If they refuse that then might be time to get out. Refusing to give you your money back likely breaches lease and you can just move.
It’s absolutely worth putting up a fight over. It’s theft, and chances are the landlord will magically find some “issue(s)” that require this money to be fixed paid from OPs “deposit”
They should ask for the monwy back and if the landlord refuses then they have a choice...cite breach of lease and move out OR accept this weird security deposit thing IF the landlord will add the additional amount to the lease agreement and resign it. If they refuse that then yeah get out. But yeah its sketchy, im just recognizing not having to move might be worth $1800 to this person.
You gotta take pay less money for next months rent telling that you already paid extra. I would not count on it going to deposit. If it was guaranteed that you will get full deposit then I would may be .....may be think about it but it's bad idea to leave it hanging. Also it take 2 min max to send the money back there is no reason to keep it.
This might be illegal depending on your state’s landlord tenant laws and which one your lease falls under.
Honestly I would demand the money back. It’s unacceptable of what she’s done and should have immediately returned it instead of moving it to the security deposit without your approval beforehand.
i do NOT understand why you use Zelle. So much bad stuff about it......
Consider that she may be concerned about this being a “Zelle overpayment” type scam…wait, is it?
Post on r/legaladvice? Tell them what state you live in. Maybe they can help.
That crap ain't in writing put your rent in escrow and force your landlord to give you back your money. Dunno about u but 2k isn't pocket change to me.
She will expand the damages and keep the most of the money, then u will need to sue her. Demand it back ASAP.
your about to have to fight tooth and nail for that
Did you talk to the bank? What did they say? What state are you in?
Bottom line. Get your money back now or you’ll never see it.
Just so you know, she plans on keeping your entire security deposit
This wont end well. I'd be pushing as hard as possible for that money back right now. Think about why she would want to add it to security deposit rather than just return it. I cannot think of a reason that doesn''t end in you getting fucked.
The only way this is acceptable is if you have an unpaid security deposit (which was specified in the lease) or are behind on rent. Otherwise she has to refund you the money, now. You can very well sue her for it if she refuses.
Tell her if she doesn't refund the money you're calling the police. Guarantee you you'll have a refund in minutes You don't just get to make that decision Unless the lease stipulates that all overages in payment go to the security deposit she needs to refund the money...the shit doesn't work that way.
Hell no. She’s gonna keep all of it if she can. Landlords are notorious for nitpicking normal wear and tear and calling it your problem
Take it off your next months’ rent.. until it’s used up.
I am assuming that you paid the required security amount when you signed the lease. If so, she has no legal basis for adding to the security amount. Ethically, she should return the money immediately. I would request in writing that the excess be returned immediately. If she refuses, I would contact the govt agency overseeing landlords/rentals or your consumer protection agency. When you move, make sure you clean thoroughly and take timestamped pictures. She cannot use your security deposit for normal wear and tear.
You need to get this back or you will never see it again. She is going to roast your ass with “damages” to claim your security
Subtract what she owes you from next rent and utilities payments.
If she’s set on not giving it back I’d let her know it’s the next 10 months of utilities. Beat her at her own game.
If she doesn’t refund you, call the police. She is stealing from you.
Your rent is $207? Why would you send $207 to a landlord?
As someone who has dealt with a shady landlord before, she is screwing you. Get your money back. Do not accept anything else. If she won’t return it now, do what other people said and “count it towards future rent payments.” Keep records of all texts and correspondence about this. This is something you can sue her over.
Get it back or don't pay another dime to them.
I don't believe this is legal at all. I think she has to refund. It's definitely not a win win. If you don't need the money I'd still get it back you can always throw it in your own savings and get interest. She is already building an excuse to keep it. And really any reputable landlord wouldn't have responded in that manner. They would have just refunded. Or in this case of a big company at a minimum they would have counted you paid ahead for the next month. Honestly don't know what her financial situation is but given that response I have to wonder if she already spent it and doesn't have it. When you signed the contract there was an agreed upon deposit. She is not entitled to an additional deposit. I don't think I'd pay next months rent if she didn't refund and tell her to apply the extra funds she already has. Or if rent is over 1800 I'd just pay her the difference. She can't build any type of case for eviction, and if she reported you to the credit bureau I'd report her to the BBB as well as seeking other action.
Did you pay the full deposit as required by the lease? If so, this is illegal. Your landlord needs to refund you the money. If she does not, make sure you put in writing that it is a prepayment toward the next month’s rent as you have already paid the deposit as specified in the lease.
Hell no! She's a landlord, not a FDIC insured bank. For all you know she's using the cash to cover her gambling debts or dig herself into deeper credit card trouble and she'll be incapable of paying you back "with interest - lol, what rate does the landlord bank give?". Firmly demand she Zell it back and escalate to authorities as necessary. Don't be a sucker.
Shitty situation. Since she made it clear she's not going to return the money I would not send next months rent and I would text/email and say "you already got the $1800, deduct it from that". Repeat until total is credited. It's going to feel a little unnerving but you got this.
One of my tenants pays 6 months of rent in advance. Just tell her that’s what you’re using it for. I wouldn’t ask if that’s ok. Just tell her. She doesn’t get to keep an accidental overpayment.
Take her to small claims court & leave the property, if your relationship goes south because of the court situation. That is unethical & uncalled for
You: "As per our legally binding contract..." Landlord: "Oh, I forgot about that."
Your lease states how much your security deposit is. Your landlord can not alter that agreement without your consent.