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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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