If an apartment community charged me rent twice, am I entitled to the bank overdraft fees they caused?

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If an apartment community charged me rent twice, am I entitled to the bank overdraft fees they caused?

They claim that I did not remove the original automatic payment entry when I was trying to replace it on-line with a new payment entry of a different value. I have a screen shot that shows six days prior to the money being withdrawn that there is only one payment entry under “Scheduled payments which have been authorized.” They refunded me the $50 that they had charged me but refuse to reimburse me for the $40 the bank also charged me. Is it unreasonable to expect full compensation for their/their software’s error?

Asked on January 31, 2012 under Real Estate Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the apartment complex charged you twice for rent for the same month where you should have only been charged once, resulting in overdraft fees assessed to you, the apartment complex under the law is responsible for all damages that you suffered as a direct result of its error.

The damages would be the $40.00 charged you by your bank for the overdraft charges. I suggest that you write the apartment complex requesting the $40.00 its error cost you.


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