Can a landlord require me to pay back a security deposit that was overpaid when it was returned?

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Can a landlord require me to pay back a security deposit that was overpaid when it was returned?

I received a phone call today from my previous property management company telling me that they overpaid me by $400 and that I need to pay it back ASAP. According to the paperwork, they did indeed over pay me. Do I have to repay them?

Asked on June 29, 2011 under Real Estate Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So I really need to say this: do YOU think that you have to pay back the money?  Do YOU think that if the matter went to court that court would allow you to keep it? Under what theory of the law?  I think that you know that you have to pay them back the money that was forwarded by mistake.  It was a mistake, plan and simple.  And no judge is going to let you keep it.  You would be unjustly enriched and if you know that you were really not entitled to it, theft on some level under the law.  So I would not fight the issue any longer and I would pay them back. 


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