My Apartment Lease Contract Says $0.00 Security Deposit but they want 1 Months rent?

[napayshni65]

I applied for an apartment at the beginning of August with a move-in date of August 26, 2011, in Newport News, Virginia. At that time I was told I was approved for an apartment, with a 1 month security deposit. A few days prior to moving in, I went in to check and make sure everything was in order with my power, insurance, etc. and they informed me that it was and that all I needed to bring on the 26th was my prorated amount for the remaining month of August and the September rent. At that time, I had remembered they had said initially that I owed a security deposit, and I did not know if maybe they were currently running a special so I did not question the amount and decided to wait and see what the lease stated when I signed it on my move in day.

On August 26, 2011 I go into the office in the morning and sign all the lease papers. On Page 1, Chapter 4, it reads EXACTLY:
"SECURITY DEPOSIT. Unless modified by addenda, the total security deposit at the time of execution of this Lease Contract for all residents in the apartment is $0.00, due on or before the date this Lease Contract is signed."

The "apartment manager", I do not believe she is actually a manager, just the title, who was working with me also stated I would NOT need to pay anything again until October 3rd, which Rent is due on the 1st with the 3 day grace period. Stating this, implying that what I paid was my August peroration and September rent. I received a phone call on September 4th from the apartment office asking me when I was coming to pay the rent. I explained that I already had paid and she instructed me to come in on the 6th to speak to the Manager, who was the boss of the initial person I worked with.

When I come in on the 6th, the person I had worked with made me a copy of my lease and I have in hand now, and when I explained to her what happened, she said she would get the Apartment Manager to try to get rid of the security deposit all together since it was her mistake. The Apartment Manager was very rude and would not help at all. I told her that I did not know if they had been running a special, and since I assumed I no longer owed it, I spent the money on additional furniture and no longer had the money for the deposit. She asked if I had received the welcome letter a month earlier, and I said yes. She asked if I had read it and I said yes. She then told me that I should have been fully aware of what I owed and am responsible for the payment. I then asked her if she had read the lease before she signed it and told her that she should have been fully aware of it before she signed it.

She states that it was human error and a typo and that I still HAVE to pay it. I asked her if a welcome letter would trump a binding lease contract in court, and she ignored me and continued on about it being a typo and that I had to pay it.

My question is, am I correct in assuming that they can NOT evict me or charge me any penalties if I choose to continue paying rent on time and ignore the security deposit? The lease states that if a delinquency is on the account, as it will show until this matter is resolved, they WILL NOT accept any partial payments, meaning they will refuse my rent payment without the security deposit with it.

I really don't want to sit around and wait to start an eviction process to defend myself in court, and I can not pay the security deposit now and the upcoming rent. Is there any legal action or action at all that I can take to preemptively address this matter in a lawful fashion. I can not find any phone numbers to anyone higher than the person I spoke to and she will not tell me anything either.

If anyone has any responses, references or legal codes would be greatly appreciated.

[clem84]

You are on the right side of things. The only way to preempt it will be to go over the property manager's head. See if you can find out the regional managers contact information. What company manages that site?

Make sure you maintain copies or receipts of all payments made. I assume you had to pay first month with money order or cashier's check?

Also maintain you copy of the lease.

I can't give you legal code off the top of my head, but you entered a contract under those terms, if it is signed by both parties, you and the community, the contract cannot be changed without both parties permission.

[marlan43]

You are lucky if you dont have to pay a deposit! Most places required a deposit AND first AND last month's rent up front before you move in!
So contact the person in charge and ask them if they meant to write "last month's deposit" on the contract. Dont sign the contract until you have this matter cleared up