Jump to content

Help with CA regarding rental damages


onourway
 Share

Recommended Posts

I was just contacted by a CA regarding a laundry list of damages claimed by our former landlord. We did give them 30 days notice, but did break our lease two months early, plus, after 4 years of us living their they repainted, ect. The charges extremely high, IMO, they basically are trying to do a remodel and charge us for it. The house was in a very desireable neighborhood in FL, but desperately in need of updating.

We are now living in MI. The landlord did send us a certified letter listing the damages against our deposit. We responded, disputing most of them.

Now a CA has contacted me, by phone (I know, and did request that they send the claim in writing). Basically they told me we could do one of two things 1. pay in full (can't afford that) 2. post date all checks for the amount, to be debited in the amount of $500/mo. (I'm not giving them that sort of access to my checking account) And even though we could probably squeeze out that amount per month right now, my husband is in construction, and you just never know when he may be out of work for a month or so. Shouldn't happen, but could. If we don't do one of those two things, they are going to recommend to the landlord to file a lawsuit.

I really want to avoid a lawsuit. I would like to tread very carefully with this. How negotiable is this without going to court?

It's so frustrating. Our credit rating was so horrible and we have been working so hard on paying off credit card debt and fixing errors on our reports. It was finally starting to pay off, and my husbands credit score has gone up about 100 pts. And now this.

We are planning to purchase our home within the next 6 months, and really want to avoid any additional negs on our reports.

Thanks for any advice!

Link to comment
Share on other sites

You would really have to check the rental laws in your state, probably best to at least consult an attorney on this one. It more or less comes down to a he said/she said thing. I think he can at least get you for 2 months rent seeing as how you broke your lease 2 months early + any reasonable damages less normal wear and tear.

Link to comment
Share on other sites

You are right to be cautious - don't EVER give a CA post-dated checks or any sort of access to your accounts - that is absolutely the worst thing a consumer can do when dealing with a CA.

As to these so-called damages- it is very likely that the laws where you lived required certain things be done before they could rent the property again and they have no right to "charge" you for it. Second, unless you caused damage beyond normal wear and tear, you have no financial responsibility either.

The fact that you broke the lease could causs you to owe them the two months rent you would have paid and the loss of your deposit but that doesn't mean you have to pay for their remodeling or normal maintenence after you moved out.

Were I you, I would dispute this debt entirely along with a C&D letter to the CA. You may also want to find out what the rental laws were in the community where you lived to find out what the landlord is responsible for and/or can charge you for.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.