Property Management refuses to refund incorrect charges

[Maria Miers]

I’m a landlord but my question is from a tenant perspective, hope this is ok. 

I rent an apartment, I usually pay rent with a money order but office is closed due to COVID 19 and they’re asking for all tenants to pay online.  I never log into my resident portal but today i did to pay rent And noticed my management company has been charging my $25/month since November for renters insurance, claiming they did not have proof of renters insurance.  I found an email from November 27, 2019 were I emailed proof of insurance.  My policy lists them listed as an additional insured, lists my policy number,  and the policy period goes past the end of my lease.  My lease says if I don’t provide proof of insurance, they can charge me $25/month.  

They admit they received my email back in November and they’re sorry they didn’t update their records. They also say, they sent me email reminders in January and March saying they didn’t have proof of insurance and I didn’t respond so it’s not their fault I kept getting charged.  They claim their accounting period is now closed and they’re refusing to refund the incorrect charges. Not sure why I should GAF about their accounting period but that’s one of the excuses they’re claiming.  I do get a paper statement every month, which I open and review, then throw away, and I don’t recall ever seeing a $25 renters insurance fee, so I can’t go back and look to see if these charges are on there.  Assuming the fee was on there and I didn’t notice, it is still incorrect.  I’ve asked for a copy of my statement, since these are not online and waiting to hear back from them. 

Besides filing a complaint with TAA,  writing a review, and moving out at the end of my lease, any recourse for the fees the incorrectly charged me?

Thank you.

[Nathan Gesner]

This would carry more force if you put it in writing. Show them the evidence of their mistake and (politely) demand they remove the charges by (DATE). I think one week after receipt should be sufficient. 

If they fail to remove the charges, contact the state regulatory board or real estate commission or whatever you call it. Tell them you want to file an ethics complaint and then explain the situation. They will usually call the Broker first to see if they can negotiate something before going through the process of an ethics investigation. That phone call typically enough pressure to get the Broker to fix the issue.

If not, file the ethics complaint. It sounds like you have a solid case.

They clearly let the charges build without evicting you so I originally thought you should just let them accrue and ignore it. But then I know they would take those charges out of your deposit eventually.