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

UPDATED: Jul 27, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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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