If an apartment complex refunded the wrong amount of a deposit back after ending the lease, can they demand the money back?

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If an apartment complex refunded the wrong amount of a deposit back after ending the lease, can they demand the money back?

They did not find their mistake until months later.

Asked on November 29, 2011 under Business Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you received an incorrect refund of your security deposit after the move out of your rental from the property manager, he or she can demand repayment of the improperly refunded amount back to you as the result of the mistake.

Legally you would be obligated to refund the excess amount that you received back to the landlord for the simple fact that your were not entitled to the full amount that you received.

How would you feel if you were the property manager and refunded a former tenant too much of a security deposit that was not owed?


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