Accidntal payment through PayLease Portal kept, not refunded

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Latest post Fri, Sep 16 2016 4:27 PM by Drew. 5 replies.
  • Thu, Sep 15 2016 10:25 PM

    • JustATenant
      Consumer
    • Not Ranked
    • Joined on Fri, Sep 16 2016
    • MT
    • Posts 1

    Accidntal payment through PayLease Portal kept, not refunded

    I contested a move out inspection due to the fact that I disagreed with the damage. I have photo evidence of a clean, well cared for rental that matches the photos used to advertise the property. When I moved out things were hectic and a payment went through outside the bounds of my lease. I simply forgot to shut off the payment portal (PayLease). They got $1875 of my money that is now gone from my account. They have held the funds for over two weeks now and are telling me they can't refund them until they "tally my ledger" and decide what refund they owe me. Problem...this isn't a part of my deposit or rent. This was simply an accounting error, like somebody deposited money accidentally in their bank account. I get the feeling they are planning on keeping some of it!

    I have talked to a lawyer and he thinks I should file small claims. I have also filed a claim agianst them with the bank. Is there anything else I can do? They are simply refusing to refund me until they can "figure out what they owe me".

  • Fri, Sep 16 2016 9:08 AM In reply to

    Re: Accidntal payment through PayLease Portal kept, not refunded

    JustATenant:
    a payment went through outside the bounds of my lease. I simply forgot to shut off the payment portal

    I have no idea what this means, but I think you're saying that you had some sort of set up to make auto-payments and didn't stop that until after you moved.

     

    JustATenant:
    I have talked to a lawyer and he thinks I should file small claims. I have also filed a claim agianst them with the bank. Is there anything else I can do?

    I'm not sure what "a claim . . . with the bank" means, but what else could there possibly be other than suing?

  • Fri, Sep 16 2016 10:44 AM In reply to

    Re: Accidntal payment through PayLease Portal kept, not refunded

    (1) you could just wait.  Infuriating, I know, but if you can manage your life without access to that money for another couple of weeks or so, that might be the easiest and will almost certainly be the cheapest way to go.

    (2) I guess you could try writing them a letter in which you remind them that Montana law (Montana Code Annotated section 70-24-109) requires them to act in good faith, and that their failure to promptly return an erroneous rent payment looks like bad faith to you.

    (3) you could go ahead and sue in small claims court.  I'm pretty sure you don't need a lawyer to sue in MT small claims court, but if you do represent yourself, that means you have to show up in court (unless the defendant chickens out and returns your money before your court date).  So if you moved far away and have a busy life, that could be pretty inconvenient and might even cost as much as hiring a lawyer.  I read online that the judge has the discretion to make the defendant pay your legal fees, but might not do so, so if you hire a lawyer you risk being out of pocket what you pay him or her.

    Good luck!

  • Fri, Sep 16 2016 10:56 AM In reply to

    • Arthur3
      Consumer
    • Top 150 Contributor
    • Joined on Sun, Jan 21 2007
    • Posts 294

    Re: Accidntal payment through PayLease Portal kept, not refunded

    Have you tried talking to your bank? If the funds removed were not authorized they might reverse it for you.

  • Fri, Sep 16 2016 4:26 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,407

    Re: Accidntal payment through PayLease Portal kept, not refunded

    IF it it not security or rent bit merely a mistaken overdraw then it's  mistake and for them to keep a dime is not unjust enrichment ....sort out the issues in your state to sue the holder in small claims court .....



  • Fri, Sep 16 2016 4:27 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,407

    Re: Accidntal payment through PayLease Portal kept, not refunded

    Typo ..to keep,a dime is unjust enrichment .....



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