Can I file a small claims suit if Ioverpaid on a security deposit andmy former tenant isrefusing to return the extra amount?

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Can I file a small claims suit if Ioverpaid on a security deposit andmy former tenant isrefusing to return the extra amount?

Due to a computer error, when we refunded a security deposit to a tenant the check was for double the amount of the deposit he paid. I contacted him to let him know about the error and told him to please return the extra $1395 he received. He said he doesn’t have a job and he already spent the money (he cashed the check 2 days ago) and believes since it was an error on our part he does not have to return the funds. Can I file a small claims suit? What other legal recourse do I have?

Asked on July 27, 2011 Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there was an overpayment of a refund by mistake given a former tenant and you requested repayment in a timely manner, the tenant is obligated to dowhat is right by returning the overpayment. You might suggest a monthly payment plan for reimbursement of the $1,395.00 amount evidenced by a written promissory note with interest to be paid by a set date.

If this is unacceptable to the tenant, your recourse would be to file suit against him or her in the small claims court. Make sure you keep copies of all written communications you have with the former tenant in the event you have to go to court and that you have proof of the overpayment.

Good luck.


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