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Landlord screwed up and sent me back a deposit when he shouldn't have...

LivinLaVivaPollo

Senior member
Just as a bit of background.

My landlords built these brand new lofts thinking they could sell them for 400K (1bedroom, 1.5 BA, 900 sq. feet) No one bought them. So they decided to rent them out. I say this because my landlords are originally homebuilders, and don't have experience with rentals. This was very evident when something went wrong (broken dishwasher, front door deadbolt glued), that he would say it wasn't his responsbility and to hire someone to look into it. He did eventually pay for the repairs though.

To compound to this, his office manager also left his company, so that really left him in the dark about these rentals.

Last month, I was moving out and I asked him if I could use my deposit as last month's rent(highly unusual and not recommended due to legal reasons), since I needed to fork over 4K in deposits and rent for my new place. I simply would not have been able to cover my new deposit/rent and paying my last month's rent at my old place. So I asked him for a break, and he said it would be no problem. I barely lived in the place, since I was working most of the time, so the place was extremely clean.

Fast forward to yesterday. He mails me back my deposit in whole, which he shouldn't have done, since I told him to use it for my last month's rent.

I'm usually an extremely honest person. But situations have changed. I rented my new place thinking my fiance could also pitch in with the rent ($2000). She recently got diagnosed with breast cancer and will not be able to work for the next six months (chemo and radiation). This money would really help with the rent, but I don't want to screw this guy because he cut me a break.

I probably won't cash it. But what do you all think?

EDIT:

I would not even consider cashing it in any other situation. But with the costs of chemo and radiation therapy coming up for my fiance, and the fact that she can't work, this is why I'm even considering it.

Also, there is a portion of the check that is DUE to me, that part is the cleaning deposit. He never cleaned the place, since I cleaned it up so well. But I can't go into a bank and say I want 300 dollars of this 1800 deposit.

AND I did move halfway through my last month, but gave him the whole month's rent (through the deposit). He also had the next guy move in 3 days after I left, so there is a gray area here. Because that guy he had move in, was technically living under my contract and my rent (which he eventually refunded, in error, in total to me).



 
Originally posted by: LivinLaVivaPollo
This money would really help with the rent, but I don't want to screw this guy because he cut me a break.


Don't even think about cashing it dude.
 
if it is really bothering you then you could let the owner know and tell him your story and see if you can arrange something whereby you pay him later on when you can. I am sure he will say yes, given your honesty.
 
You seem pretty ethical until you get to the part where you are thinking about taking advantage of someone who did you a favor....let your conscious be your guide.
 
Send it back.


You are opening yourself up for a legal problem if someone looks at his books and sees that you got the money.
 
I think you should cash it as revenge for all of us who have been screwed over on our deposits by landlords throughout history..

Ok, maybe that's not honest, but its harder to be honest about such things when dealing with certain types of people. I can understand your dilemma.

 
Originally posted by: Slick5150
I think you should cash it as revenge for all of us who have been screwed over on our deposits by landlords throughout history..

Ok, maybe that's not honest, but its harder to be honest about such things when dealing with certain types of people. I can understand your dilemma.

Different landlord. The definition of "revenge" is getting back at those who wronged you, not lashing out at a completely unrelated person. Now if only the Israelis and Palestinians got it...
 
Ethical issues aside, I think it is very likely he will realise his mistake, so you shouldn't cash it. Even if you did, you couldn't touch the money without risking being taken to court if the landlord asks for it back and you can't pay it full. I understand your temptation but think you should do the honest thing.
 
dont cash it. perhaps you'll be rewarded down the road for doing the right thing. there's always hope for that, right?

 
Give the check back to him. Especially after he cut you a break. You'll figure out something to make it financially. You can't get your integrety back.
 
Justify it however you want, because you're going to have to live with the decision of taking someone else's money.
 
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