Can a landlord require me to pay back a security deposit that was overpaid when it was returned?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.