Can a landlord file a report if they made a mistake on my refund check thatI already deposited?

UPDATED: Aug 15, 2011

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Can a landlord file a report if they made a mistake on my refund check thatI already deposited?

My landlord is saying they will file a report because they made a mistake on my refund check. They are saying I should have never gotten a refund check (although I cleaned the place for 3 days). I have 2 signed letters from them saying I would get my refund check. can they file a report if I don’t return the money? They are just now catching this mistake a month after my move out date.

Asked on August 15, 2011 Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your former landlord can request the return of your refund check if in fact the refund amount sent you was too high and the result of an error on the part of the landlord and file any reports or other writing substantiating the claimed error.

The real question is whether or not you believe that the refund amount that you received from your former landlord was too much and erroneous? If the amount received was too much, you should return the excess to the landlord promptly. If you do not believe that the landlord is entitled to any return monies from you for the former rental, you need to write a letter stating the reasons for your position keeping a copy for future reference.

Catching a possible mistake in payment within 30 days of payment is prompt notice to you.

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 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.

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