Apartment building cashed refundable deposit

Submitted by Potato_Vivid t3_127pazp in personalfinance

Not sure if this is the right sub; On 3/18 I had an event in my apartment’s community room. They request a 200$ refundable deposit for the room that you get back after the event. On 3/20 I went to the office to get my deposit back and they handed me back the check as there was no damage or mess in the room. That same day I went to the bank and tried to deposit it, the clerk accepted the check, I got the deposit the next day. The day after, the bank took out the 200$ and I’ve been going back and forth with the bank since then, until yesterday. The bank told me that my apartment building already deposited the check. I went to my apartment building to ask what happened and they are blaming an employee that’s no longer there but they say I can’t get my money back till I move out (end of April). Is there any way around this? What are my options? I need that money by next week and they are being very unhelpful. I tried contacting the corporate offices of my apartment complex but I haven’t heard back. Any help would be appreciated

Update: Just got a call from the manager saying the regional manager was able to override and I should be getting a check by Tuesday at the latest! Thanks for the help!!

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Samad99 t1_jef5lxc wrote

To be clear, do you mean you wrote a personal check or is this a cashiers check or something else? This could matter.

If I wrote a personal check for a deposit, I’d expect that person to cash the check immediately so they are holding the money and not just a slip of paper. When the deposit is due to be returned, I’d expect to get a check made out to me which I then go cash.

If they just wanted a check made out to them which they physically hold until the event is over, you’d simply rip up the check when it’s returned and money should never have left the account.

Either way, they really should have clearly laid the plan and had it documented somehow. Did you sign something for the room? If the plan was just to hold onto a physical check which they accidentally cashed, I’d write them an email asking for an explanation on when the money will be returned. I’d also go take pictures of the room ASAP and ask them to confirm there was no damage.

If things escalate, you can threaten to just withhold the $200 from your next rent payment, but be sure to check your local rental laws about this to be sure. In my state there are clear timelines for when a tenant can do things like this. If this is a big company, they should be intimately aware of rental laws and what your options are.

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Potato_Vivid OP t1_jef7fsd wrote

It was a cashiers check! I made sure to specify when I gave them the check to NOT deposit it so I can get my money back and they assured me they won’t. I already paid my last months rent and I have nothing due so they can’t add it to next months rent unfortunately.

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HaruspicyEnjoyer t1_jef8x91 wrote

Noone is going to just hold on to a check that you give them. They never should have never promised not to deposit it in the first place.

When someone needs a deposit return it should be coming from the complexes business account not via handing the original payment back.

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Potato_Vivid OP t1_jefbkgs wrote

It was a cashiers check that was a deposit for a room for an event. They said they hold on to the check till after the event and based off how the room was left, they either take the money or return it (or shred it). I told them please don’t shred it, it’s a cashiers check and I need the check to redeposit it. They confirmed with me and said they would keep it on file. When I went and asked for it back, they handed it to me and said it wasn’t deposited, I guess the person who used to work there deposited it and didn’t tell anyone (Idky) and now they are saying they can’t give it back to me and I have to wait for a check after I move out.

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Samad99 t1_jefp33d wrote

Cashiers checks can be shredded and the funds won’t be removed from your account, you shouldn’t have to deposit your own check into your own account. Actually, you shouldn’t be able to deposit the check because it can only be cashed by the person it’s made out to.

Either way, that’s not the issue here and it’s just confusing things. The issue is that you paid a deposit for a room, you returned the room in good condition (right???) and now you’re owed your deposit back.

Like I said before, next steps for you should be to take pictures of the room to show its in good condition, send the landlord an email asking for the deposit back and nothing else, and if they say “no” then demand they show you the reasons for keeping it.

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Liquidretro t1_jef4zwa wrote

Strange situation, I would try to escalate with local management. The room rental damage deposit should have nothing to do with your apartment deposit. Two separate things. IMHO they need to give you a better explanation that makes sense as to why. If it's policy show it to me in the rental agreement that I signed, etc.

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Potato_Vivid OP t1_jef7t3s wrote

I did speak to the manager and all she said was, there is no way for us to reverse the deposit but she submitted a ticket with IT to see if there’s a way on their end. It was a refundable deposit for an event and nothing was damaged in the room and they gave me back the check saying they didn’t deposit it. After arguing with my bank for almost 2 weeks and getting the money taken out of my account twice they finally told me that my apartment building already deposited the check the day I gave it to them. They keep saying the person who deposited it is not with the building anymore so we can’t know why she did it. I feel I’m out of options and I’m very frustrated.

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Liquidretro t1_jef8p5e wrote

This is all more complicated than it needs to be. Reversing the transaction is dumb in this case and probably not possible and more work for everyone. They should just cut you a check period. If they need to wait a few days for the funds to clear fine, but they should float it given it's their mistake. It makes no difference the employee is gone that did it. Be polite but firm and demand they write you a check.

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Potato_Vivid OP t1_jefb75g wrote

That’s what I’m saying! The manager keeps saying we don’t keep money in the office and they deposited it into my account but I already paid my last months rent! It’s just sitting in my account and I’m supposed to wait over a month to get it back, it makes no sense at all. I tried to be firm and polite but all they say is, you have to wait till you move out to get the check. I told them it’s not fair they mess up and I deal with the consequences, that’s my money!!! The manager said she will call me back today with an update but she’s notorious for not calling back so I’m just going there by the end of the day. I don’t care how they do it but I should get my money back.

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