Can a Leasing office really do this?

[matt1983]

-I was going to move into a 2 bedroom apartment with a friend
-The friend already had a one bedroom apartment in the complex we were going to move into
-The Leasing office asked him to pay a $500 transfer fee (refundable if he does not move) since he was switching apartments before his lease expired
-I decided to help my friend out and paid $300 of the transfer fee by making a money order from my bank account to the Leasing Office
-Me and my friend later got into a quarrel and decided not to move in together, we are no longer on speaking terms.
-I contacted the Leasing Office agent and was refused a refund of my money
-The leasing office claimed that they credited my $300 to my friend's account and the only way I could get my money back is by asking my friend for it.

My questions is: Will I be able to get my money back from the leasing office?

 

[mightymoose]

IF the check was made out to the leasing office then yes, you need to take this up with them. If the check was made out to your friend then take it up with him.

When it gets down to it, they received payment for a transfer which did not occur. They have no reason to keep the money other than greed.

 

[matt1983]

IF the check was made out to the leasing office then yes, you need to take this up with them. If the check was made out to your friend then take it up with him.

When it gets down to it, they received payment for a transfer which did not occur. They have no reason to keep the money other than greed.

I wrote the money to the leasing office anx they are telling me that they credited this money to my friend and that the only way i can get it back is by asking him.

I already called them 4 times and everytime they tell me that they need to research something first and then they will get back to me. What are my options now? What laws can i cite?

 

[mightymoose]

If they are refusing to return your money then advise them in writing of your intent to sue in small claims.
Spell it out for them- you gave THEM a check for a transfer fee which was NEVER imposed. They have no justification to hold the money, and regardless of which account they credited it to, you have a canceled check which shows that THEY deposited it, not the other tenant.
$300 is a petty amount. They will most likely want to avoid the hassle of court and return your money.
Be firm in your letter, but not threatening.
If they continue to refuse to refund the money then your option is to follow through in small claims court. You have a legitimate argument to make there.

 

[matt1983]

They still havn't returned my money. When I argued that since the $300 came from me, it should have been credited back to me and not a different account. The manager replied that their accounting department credited the money rightfully to the other guy because I paid for his account (but from my account, not his...). Which means someone - either the accounting department, but probably the leasing agent made a mistake and they wrote my $300 into my ex-friend's accounts.

Could you recommend any lawyers or agencies I can speak to for a small claims action?

 

[mightymoose]

You dont need a lawyer for small claims. In fact, CA does not allow lawyers in small claims.