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  1. #1
    Join Date
    Sep 2008
    Location
    Fresno, CA
    Posts
    15

    Default Billed at Move-Out But Should Be Receiving a Refund

    My question involves landlord-tenant law in the State of: California

    I'm currently fighting with an apartment management office that has consistently screwed me over the whole time I'd lived there, finally escaped after 2 years in a lease, fulfilled all obligations of the lease, and was sent a bill instead of a refund check...

    It was only when I watched the computer screen as the office employee was going over my account, that found out that it was "last month's rent" that I paid instead of a "deposit". I was pretty sure I was going to receive a refund of some kind since I overpaid, but it wasn't until I saw the two checks posted to my account at move-in, followed by the constant negative balance (owed to me) throughout several months, that I knew it for certain. Funny thing is, on the screen, there were a slew of account discrepancies posted then retracted, and during that period, my account balance flipped back around to 0 on its own! The employee blindly fiddled on past that, not even noticing it until I pointed it out.

    I asked that she print out a copy of it for me as I believe I'm entitled to see my own account history - and she ignored me... then I asked again, and got ignored again... I asked a third time, and she finally, silently, mashed the print button. However, she didn't hand it to me, it just laid on the printer. She says she needs to have someone else take a look at it, and goes in a back room with the printout. The financial manager comes out and tells me she'll need to re-open and review my account. I ask if I could get a printout and she gives me the same "need to re-open" thing, to which I point out the printout that was just made... again, same story. "Come back tomorrow" - it was closing time, after all. I politely leave and then realize... OH GOD. Without a hard copy of what they messed-up on, they're probably going to pull some shady crap with editing the ledger or something dirt-low illegal after seeing where they went wrong...

    I went back the next day mid-day with plenty of time for them to review where they went wrong. Again, the same "Hi, how can I get away with providing the least amount of service to get you away from my desk?" employee at the desk, and she automatically knew who and why - she said it'd just be a minute. She came back out and said they needed more time to look over it, but that I wasn't likely to be getting a refund.

    Again, she flat-out refused to print a copy of the ledger for me after being asked directly to print a copy. "No, I won't print a copy."

    What kind of company can operate in refusal to print a customer's account activity? Is that legal? That's my question of the day. Secondary question I'd like to know is, obviously it wasn't a "deposit". But charges on a no-deposit account are applied to the "account", as the same is done with excess payments, right? Say, I overpaid by $25, it'll sit on my account until I move-out, then I get a refund? Because in my case, I overpaid by a full month's rent, and accounting errors caused that balance to be nullified out of existence. If the accounting errors are corrected, I should get a refund (after they "pay" their charges, like for carpet damage on a carpet that was past its legal replacement age anyway), right?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Billed at Move-Out But Should Be Receiving a Refund

    Are you stating that you have not yet moved out, should get a $25 refund when you move, but are worried that you won't? Or what? You haven't actually moved out yet?

    Try to omit extraneous, irrelevant details and focus on what you're trying to ask.

  3. #3
    Join Date
    Sep 2008
    Location
    Fresno, CA
    Posts
    15

    Default Re: Billed at Move-Out But Should Be Receiving a Refund

    Quote Quoting Mr. Knowitall
    View Post
    Are you stating that you have not yet moved out, should get a $25 refund when you move, but are worried that you won't? Or what? You haven't actually moved out yet?

    Try to omit extraneous, irrelevant details and focus on what you're trying to ask.
    I actually edited quite a bit out... that's pretty much the facts right there. No, the "$25" thing was just an example since I was pretty boldly informed on the post screen to avoid posting actual details (I'm guessing you just skimmed for dollar signs?)...

    As in the introduction: "finally escaped after 2 years in a lease, fulfilled all obligations of the lease, and was sent a bill instead of a refund check..." - hence, I already moved out. And shortly after: "'...it was "last month's rent" that I paid instead of a "deposit"...' - hence, the refund due is an entire month's rent, same as a security deposit but with the management having slick-worded their way around actually writing "deposit" in the lease.

    The issue at hand is that the management screwed up the accounting, lost my "last month's rent" balance, and refuses to print me a copy of my account "ledger" (as I saw on screen) to look over. I highlighted my specific questions with an underline in the last paragraph...

    I'm concerned that the management is refusing to print a copy of my account ledger because they want a chance to edit it and avoid paying my refund. Seriously illegal stuff here as far as I can figure. There's a topic just under this one that was equally wordy, and didn't get such an aloof kickback reply, so with something as illegal as this going on, can't I expect someone to actually read the details I already wrote in the post?

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Billed at Move-Out But Should Be Receiving a Refund

    I'm not disputing that you said one thing, then you said another. However, if you're going to whine because I didn't want to guess as to which of your two inconsistent stories was in fact what happened, I don't have time for you.

    If your landlord owes you a refund, small claims court awaits. Whether or not I think they should, they don't have to voluntarily hand you copies of their financial records.

  5. #5
    Join Date
    Sep 2008
    Location
    Fresno, CA
    Posts
    15

    Default Re: Billed at Move-Out But Should Be Receiving a Refund

    Quote Quoting Mr. Knowitall
    View Post
    I'm not disputing that you said one thing, then you said another. However, if you're going to whine because I didn't want to guess as to which of your two inconsistent stories was in fact what happened, I don't have time for you.

    If your landlord owes you a refund, small claims court awaits. Whether or not I think they should, they don't have to voluntarily hand you copies of their financial records.
    Well, that answers that. Just to clarify, though... they're somehow not legally obligated to provide a copy of my account activity log upon request? I can't imagine a single legitimate business that could operate like that: paying a blind balance, completely non-verifiable by the person holding the account...!

    Also, I don't know what you're referring to about two inconsistent stories; the whole OP is one continuous recap of the goings-on from the time I received the bill 'til today... so I'm just not sure what on earth could possibly be hard to understand from simply reading the post from one end to the other and not "skimming" like a lot of folks do... I might be long-winded but one thing I'm not is ambiguous or short on details

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