My question involves landlord-tenant law in the State of: California
I am under a lot of stress b/c I am unable to renew my lease and my lease was up as of 04/30/11. Prior to this issue arising I had gotten approved for a transfer to move to the A side due to security incident that occurred outside of apt 118 a couple months ago. (Stalker) I have done all that I can to show proof that I never did a stop payment or received refund on the money order by contacting Western Union to have the money order traced and/or refunded. I had to pay an additional 30 dollars out of my own pocket to pay western union the request fee + the cost for certified mail. After about a months time I received a response back from Western Union. The results to the investigation was a copy of the cashed money order along w/ information on the banking institution that cashed n received the funds. Refund was not possible for obvious reasons " the money order was already cashed" I provided the complex manager w/ proof that the money order was cashed by the banking institution that they use, however I am told that it's still not enough and I am still unable to renew my lease. For some reason their bank can't figure out where the funds went.. can't track it in their books. How is this my fault..
Is it legal for them to do this.
first verbally agree to renew my lease and allow me to transfer my deposit so I can downsize into a 1 bedroom..and than the day before tell me that no no they will not let me renew until I pay the $500 even though I supplied proof from western union's trace that they cash it...?
still till now they refuse to speak to me on the phone,.. I cant get to a live person. the regional manager just sends me an email..
please see below for the email conversation I had with this management co. in regards to this situation and please advise...
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >
first email to property management is the last email.
Hello Angela,
Thank you for responding back to me in regards to the Western Union money order issue. I understand your day is demanding and I appreciate your time and support in this matter.
I wanted to give you an update on the money order status because I contacted Western Union again today after I received your email and I also wanted to clarify a few items you mentioned in the email as well.
Angela first let me start by saying, if I offended you or seemed aggressive with you in my previous emails or messages I sincerely apologize. I do not blame you or >>>I management,>>>>>> or even Western Union for this incident. Sometimes stuff like this happens in life, we are human and there's always going to be human error so I am sorry if my communications came across that way to you. Angela, I completely understand the importance of meeting financial obligations, I believe this shows in my payment history for the last 2 years I have resided here and normally I would be financially stable enough to just pay the $500.00 dollars while the rest gets ironed out and wait for the $500 to be credited back once the issue gets resolved just as you have mentioned before however just like almost everyone else today I have had a significant decrease in income due to the economy and even found myself laid off for the first time in my life for a couple of months. Now, I know this is none of your concern but the reason why I am mentioning this is b/c it can explains why I may have sounded so frantic over the phone when I left you all those voice mails and sent out those emails. I want to clarify that I did not contact you b/c I felt like it was your fault to fix, I was reaching out to you in hopes that you can help me resolve this before it gets worse than it already is.
Angela the money order I gave to M<<<<<<a on 11/03/10 for my rent payment for the month of Nov. 2010 was brought to my attention in the middle of February 2011. which was over 3 months after... It was so unexpected and five hundred dollars is a lot of money to anyone, whether you're a single mom trying to make ends meet or a manager at a property management company that needs to keep the books balance, it's a huge stressful burden. Initially I was unable to locate the money order receipt which delayed the process by a week. I had to wait for western union to send me an affidavit of fraud form which needed to needed to be notarized to submit the request for a refund. Now during this waiting period, I also experienced a unsettling security incident where my safety as well as my son's well being was in jeopardy. (I have attached the incident report for reference) Like anyone else would in my situation I wanted to move out right away but after talking to John I decided that I was going to request to be transfer to the A side and downsize into a 1bedroom apartment and to renew my lease with M>>>>>> once again as long as my deposit could be transferred over when I renewed my lease. While waiting for the approval for the deposit transfer on 03/08/2011 I was notified in writing this time that I needed to pay this $500 amount or furnish proof that it cleared and up to that moment I was still waiting for the "Affidavit of Fraud" to be mailed to me. I tried calling them several times to have them expedite the process but had no luck until I found the receipt for the money order. I immediately sent the original receipt along with the fee of $15 dollars and sent the request for refund by certified mail. Within 3 1/2 weeks I receive the response back to my request for a refund from Western Union and the results was "Unable to Refund b/c the money order was cashed" I received a money order trace report which shows the bank that received the funds -P>>>>>> Bank. I have the copy of the money order that shows the endorsements on the back along with the bank stamp and account number to where the funds were allocated too. I provided a copy of the documentation that proves that the money order I paid M>>>>a in the month of Nov. 2010 was in fact cashed and cleared by the banking institution that your company uses.
At that point I was relieved and started packing my belonging into boxes for my move since my lease was up 04/30/2011 and I only had a week left before I would resign my lease and move to the A side as I had planned with everyone in the office but now I'm told that I can not renew my lease until the $500 dollars is paid again b/c they payment was not cleared. I'm confounded... and now in a rut.
I never put a 30 day notice b/c I was under the impression that I was transferring to 1 bed unit on A side. I was unable to renew and resign my lease within the allowed time b/c I was told that the money order issue had to be cleared first. The last 3 days of April as well as the first 3 days of May I was frantic and under a massive amount of stress due to the fact that my rent was increased to $1550 on month to month and b/c no one could tell me why I was still responsible for the $500 dollars even after providing proof that the money order was endorsed, cashed and cleared by >>>>>'s bank - Pacific Western Bank.
When I contacted Western Union today, the stated once again. The reason why we didn't refund your the amount of your money order is b/c it was cashed. It was cashed by the party you wrote the money order out too. So they provided me with proof that it was cashed. They also stated that all Western Union money orders will have an extra number on the bottom of money order. Although the money order # that's listed on top right hand corner of the money order is only 11 digits long. On the bottom of every Western Union money order will have 2 sets of numbers on the bottom portion of money order. which breaks down to a routing number and than the same money order # as it appears on the top right corner will be listed on the bottom but will always have 1 extra digit. So based on my communications with you and M>>>>a I am to understand that your bank never received the funds so western union advised to press forgery charges against whoever cashed the money order. They gave me a case #761248 and I will be receiving a form in the mail that will required for me to get notarized and returned back to them. Upon receipt they will request for the banking institution to furnish proof of where the funds were allocated to and will be required to furnish identity information for whomever received the funds within a time frame (I believe she stated 30-60days) Once the findings come about they will proceed w/reversal and prosecution.
Angela I am sharing this long dragged out detail with you b/c I'm hoping that you might see that I'm not trying to fight or make things more difficult, that I'm not trying to skip out on paying what's owed but that you will see based on my actions and history at >>>>>, that I'm a good resident that's been loyal for the last 2yrs, who's had a good payment history overall and that you can somehow empathize with me and help me because I don't have $1,550 dollars + $500 for money order + $100 late fee.. I was set for me to move into the 1 bed unit w/ rent amt at $949 + water.
Is there any way I can renew the lease so I can pay rent not have this pending eviction over my head.. and set up like a 3 part installment plan for the $500 until investigation is completed and all is cleared? Is there anyway you can assist me in this at all?
Please advise,
M>>>>
From: Angela
To: >>>>>>>
Sent: Wed, May 4, 2011 11:46:43 AM
Subject: RE: Current M>>> Resident/western union money order issue
Good morning M>>>>>,
This situation was brought to my attention last week by Monica. I can certainly understand your predicament however the property is not the cause of the problem. I informed >>>>> to let you know that we do need you to pay the amount due and Western Union should reimburse you since they are the ones at fault. M>>>>APTS has to pay a mortgage and bills by a certain date just as you have to pay rent. We certainly cannot tell them we cannot pay because a resident has an issue with Western Union. I realize $500 seems like a small amount to a property this size but if we allowed a delay in payment each time something like this happens we would not be able to effectively operate the building. The only reason I share this with you is because I’m hoping it will help you understand our position.
Please let me know if you have any other questions.
Thank you,
Angela
Director Costa Mesa Regional Office
Sent: Tuesday, May 03, 2011 8:01 AM
To: Angela
Subject: Current >>>>Resident/western union money order issue
Hello Angela,
My name is >>>>> current resident at >>>> Apts in Anaheim and I am trying to reach you to resolve an issue regarding a $500 money order that was paid to >>>>> Apts for rent payment in the month of Nov.2010. Your wonderful staff at the >>> Apartments have been very patient and supportive in trying to assist me to clear this matter however due to the time sensitive nature of my situation I am coming to you for help.
Angela, I am under a lot of stress b/c I am unable to renew my lease and my lease was up as of 04/30/11. Prior to this issue arising I had gotten approved for a transfer to move to the A side due to security incident that occurred outside of apt 118 a couple months ago. (Stalker) I have done all that I can to show proof that I never did a stop payment or received refund on the money order by contacting Western Union to have the money order traced and/or refunded. I had to pay an additional 30 dollars out of my own pocket to pay western union the request fee + the cost for certified mail. After about a months time I received a response back from Western Union. The results to the investigation was a copy of the cashed money order along w/ information on the banking institution that cashed n received the funds. Refund was not possible for obvious reasons " the money order was already cashed" I provided Monica w/ proof that the money order was cashed by the banking institution that your company uses, however I am told that it's still not enough and I am still unable to renew my lease.
So Angela if I am unable to renew my lease at the M>>>> Apartments than what am I supposed to do? I am not able to pay the increased rent amount, so if I move out due to the following reasons will I be penalized for not giving a 30 days notice prior to moving out? I am so frustrated and lost with this whole situation. Please advise on what needs to happen to resolve this matter. Thank you for your time and assistance.
Sincerely,
>>>>>

