Leasing Company Trying to charge me More

[KabukiBlood]

What is the name of your state (only U.S. law)? Arizona

Hello I recently moved in to a new house through a leasing company. I was told that the total move in cost was $1,427.40 and that would pay the security deposit and Dec rent, with me not oweing anything until Jan 1st when the rent was due. On the day I moved in Nov 25th, 2009 I handed over a money order for $1,428.00 signed the lease received the keys, moved in have all the utilities in my name. 5 days later on Nov 30th, 2009 I received a voice mail from the leasing company saying that they forgot to charge me Dec's rent and now I have to pay them another $877 today Dec 1st, 2009.

My question is this. Can they do that, or are they bound to what was agreed upon prior to moving in?

 

[JETX]

I was told that the total move in cost was $1,427.40 and that would pay the security deposit and Dec rent, with me not oweing anything until Jan 1st when the rent was due.

5 days later on Nov 30th, 2009 I received a voice mail from the leasing company saying that they forgot to charge me Dec's rent and now I have to pay them another $877 today Dec 1st, 2009.

Can they do that, or are they bound to what was agreed upon prior to moving in?

What does the WRITTEN lease say as to payments??

 

[KabukiBlood]

What does the WRITTEN lease say as to payments??

$1,427.40 was written on the lease. The leasing company took the lease and has yet to give us a copy, even after repeated requests.

 

[JETX]

$1,427.40 was written on the lease.

Great, but that is only PART of the answer. What did it say that amount was FOR???
Did it specifically say that it includes first month (Dec) rent??
What is your monthly rental amount??

 

[KabukiBlood]

Great, but that is only PART of the answer. What did it say that amount was FOR???
Did it specifically say that it includes first month (Dec) rent??
What is your monthly rental amount??

1st Month
Security
Admin Fee
Pet Deposit

 

[acmb05]

1st Month
Security
Admin Fee
Pet Deposit

Then they did get the Dec. rent. Btw go to the leasing office and stand there until they give you a copy of the lease. Don't accept any reason for them not giving it to you. If they say they have to go make copies tell them you will wait. Although any leasing company should have a copier on site for this

 

[KabukiBlood]

Then they did get the Dec. rent. Btw go to the leasing office and stand there until they give you a copy of the lease. Don't accept any reason for them not giving it to you. If they say they have to go make copies tell them you will wait. Although any leasing company should have a copier on site for this

So after repeated attemps to contact the leasing agency with no resolve we received a letter of intent to terminate of lease and the leasing company is trying to take us to court now as well. I have contacted the leasing companies broker as well as attempted to contact the property owner. They gave us a 5 day notice to vacate the property - What do we do now?

 

[Cvillecpm]

Go get a copy of your lease, read it and they you will probably find you owe Dec rent.

 

[treese]

1st Month
Security
Admin Fee
Pet Deposit

Were the charges listed above broken down?
The first month's rent would be $877, that would leave $550 for a security deposit/pet deposit/admin fee.

Were you charged a prorated amount for November 25-30? My calcualtion would be 175.40 for the 6 days of rent for November.

How much was each of the following: security, pet deposit and admin fee?

If so, surely the total comes to more than the $1,427.40 you paid.

 

[KabukiBlood]

Were the charges listed above broken down?
The first month's rent would be $877, that would leave $550 for a security deposit/pet deposit/admin fee.

Were you charged a prorated amount for November 25-30? My calcualtion would be 175.40 for the 6 days of rent for November.

How much was each of the following: security, pet deposit and admin fee?

If so, surely the total comes to more than the $1,427.40 you paid.

I still have not received a copy of the lease, I contacted the Attorney Generals office and they have submitted a request for the lease from the leasing company.

Before we moved in the total amount of down payment that was told to us was $1,427.40(3 Days before move in) On the day of the move in I asked again before I went and got the money orders what the total deposit was and was told $1,427.40, I got a money order for $1,428, when I signed the lease I handed over the money orders which they have cashed, and was told by the leasing agent no money was due until Jan 1st and that we actual had a $.60 credit.

5 Days later we got the phone call that the leasing agent forgot to charge us for Dec rent and we had 1 day to come up with $877. We tried several times to contact the leasing agent and never heard back from them nor ever received anything in writting until we got the Notice today.

 

[treese]

Are you saying that the charges were not broken down?

Do you not know how much you agreed to pay for a security deposit or a pet deposit?

Regardless of what the leasing agent said, what matters is what is in writing.

 

[KabukiBlood]

Are you saying that the charges were not broken down?

Do you not know how much you agreed to pay for a security deposit or a pet deposit?

Regardless of what the leasing agent said, what matters is what is in writing.

Ok so today I found out how the deposit was actually broken down.

$204.19 Initial rent for Nov.
$500 security
$400 Pet
$200 Cleaning
$100 Admin Fee.
Rental tax $23.75
Total $1427.94

The lease also states that the first month of rent is due by Jan 1st, 2010.

 

[treese]

Clearly you did not pay any rent for December. The numbers you gave did not add up to back up that you had paid December's rent.

You do not expect to live there for free for the month of December, correct?

You received a 5 day Notice to Pay or Quit. Pay the rent for December.

 

[KabukiBlood]

Clearly you did not pay any rent for December. The numbers you gave did not add up to back up that you had paid December's rent.

You do not expect to live there for free for the month of December, correct?

You received a 5 day Notice to Pay or Quit. Pay the rent for December.

Clearly no one really listens to what someone is saying on these boards, as I stated that we were told that the total deposit was $1427.00 and we would owe nothing until Jan 1st, 2009. Why is it difficult to say yes the Landlord screwed up talk to the landlord and see what they are willing to do. It's always the tenants fault, the tenants are always wrong. This is amazing that landlords can get away with what they get away with.

As a side note - I received a phone call today from the Attorney Generals office, and they had stated to me that they contacted the leasing agent, Dec rent will be paid by the leasing agent, and I will have a copy of my lease hand delivered to me tomorrow no later then noon. It seems that it is aginst the law to sign a lease and not leave a copy of said lease before leaving property. So it looks like this time the tenants won, but thank you everyone for all of your inputs. Maybe in the future landlords will be required to abide by the laws as well. Welcome to the resession.