Profile picture for weerezchic

Property management says we owe money due to not paying full amount for rent each month.

Around the 4th month of paying rent, we recieved a letter from our property management office saying we have been over paying rent by about $50. After recieving that letter, we began paying the amount they told us to pay. Now, in our last month of our lease, we recieve a call saying we owe money because we have not been paying what we originally paid those first few months. What do we do?
  • July 13 2010 - Fort Collins
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Answers (6)

Read your lease.  Copy the letter they sent you about overpaying.  Write  letter telling the property management company the history of your lease and demand to know why you re being questioned about the lease amount. Send all via Certified Mail.

If you do not get the response you need.  Consult a local real estate attorney.
  • July 13 2010
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What was the amount specified in the lease? Did they refund your overpayments in the 4th month?

  • July 13 2010
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Profile picture for sunnyview
In most cases, you will be bound to pay what it says in your lease. However, if you have a letter in writing where the management company "modified" the terms of the contract early on, you may have a legal argument that the management company changed the lease terms and that you agreed by paying the requested amount.

You would have to check with an attorney in your state. Do not pay the extra amount until you do. Try the free legal Q/A board on avvo.com here. You can post your question and an attorney in your area will answer for free. It is also a good way to find an attorney to represent you that you like. Read you lease first, find a copy of that letter, ask the avvo forum and then decide what to do.
  • July 13 2010
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Sounds as if the Property Management company has gone asleep at the wheel.  Get your lease out and take a look.  The property managment company is bound by your written contract/lease.

If they made a boo-boo make sure you get in writing that they will not report you negatively in the future for possible past due payments due to their error.  Always submit your letter with your future rental applications.
You don't want to be denied tenancy in your future due to negative reporting by this Company.  Be pro-active.

I wish you the best of luck!

Kimberly Kinville
East Metro Specialist
  • July 13 2010
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Profile picture for weerezchic
The amount stated in the lease was $900. The letter they sent to us, using their letter head, was $850. We went into the office with the letter sent to us asking if this was correct. They then told us that they would put what they owed us in the next months rent. With that, we paid much less for the 5th month. Since then, we have been paying the $850 as we were told.
  • July 13 2010
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Profile picture for sunnyview
The property manager is a legal agent for the landlord in most states. What they say is like the landlord saying it. Take a copy of the letter, send it in a registered letter telling the management company that they amended the lease in writing when they told you to pay less and then accepted the rent they told you to pay for months. Tell them that you understand that they want to change the rules now, but that you are unwilling to suffer because they changed the lease. Make it clear in the letter that you want this resolved and that any negative reports to your credit agencies will result in a wrongful damage to credit lawsuit.

Decide what you feel is fair and consult ask an attorney for free about the law on this question here. Don't back down until you get the facts. It was their error, you need to see where the law would stand.
  • July 14 2010
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