begoniafone Posted January 2, 2007 Report Share Posted January 2, 2007 An apartment states I owe them $1500 and has reported it to a CA. I disputed and recieved a lovely MS word itemizing charges as well as pictures. The White carpet was trashed, the courtyard was mainly mud they also ripped it up and tore it up during a flood which molded it out bad. The manager gave me a dog too, this didn't help. other charges included things they didn't actually replace and painting. Disputing with CB's comes back verified. I made another attempt for DV but no reply. it's been over a year now. a lawyer says that the case might go the wrong way and I should be practical. I tried to take the apartment to early settlement once. I am debating small claims, the lawyer says he's never heard of anyone going to court over this and in the end they can garnish my check. he suggests writting my side to the CB's and going from there. what does the board think? Link to comment Share on other sites More sharing options...
Ahntara Posted January 2, 2007 Report Share Posted January 2, 2007 "...writing my side to the CB's..."The CRA's will never concern themselves with the nature of your dispute. The translate your dispute reasons into a 2-digit code and send this to the Data Furnisher. The DF replies (usually with "verification") and the CRA's parrot what they have been told. An itemized statement of charges, with pictures, actually sounds like good verification (although not validation) and might satisfy case law-precedent. That would depend upon your circuit/district."...case might go the wrong way..."Are you being sued? Link to comment Share on other sites More sharing options...
IHateCAs Posted January 3, 2007 Report Share Posted January 3, 2007 So you didn't trash the carpet and cause the damages they are charging for? Link to comment Share on other sites More sharing options...
begoniafone Posted January 3, 2007 Author Report Share Posted January 3, 2007 The carpet was dirty but also molded out and ripped half way accross. I have a picture. maintenance tracked mud in several times.. but so did I and my dog (Mud Courtyard) I was an idiot for letting all this go. there were several other problems.. no water for days, roach infestation...and more. I'm not being sued, I told collections I wanted my day in court but they never pursued. ultimately this remains on my credit and now I want a home loan. I'm thinking I might try to settle with collections, I am responsible for some of this bil but not $1500 but also debating taking it to court? (small claims?) I've been told small claims will not injust a bill or something like that... Also my lawyer was legal aid -painting is a charge... also blinds and cabinet work that were never done. -the manager saw me days after but said nothing and there was no final walkthrough. there was no notice about a problem until the collections letter.-now they have new management Link to comment Share on other sites More sharing options...
Methuss Posted January 3, 2007 Report Share Posted January 3, 2007 Did you ultimately leave because of the poor conditions? If so, your defense is breach of the implied warranty of habitability. Every State recognizes this principal. Basically it says in exchange for rent, the landlord guarantees the place to be habitable and free from health and safety hazards.(I'm a landlord myself now, so I've become well acquainted with these laws.) Link to comment Share on other sites More sharing options...
begoniafone Posted January 3, 2007 Author Report Share Posted January 3, 2007 that's absolutely why, but I didn't do it in writing. lanlord tenant mentions a lot of writing and amounts of time before these things fall into play... Link to comment Share on other sites More sharing options...
begoniafone Posted January 4, 2007 Author Report Share Posted January 4, 2007 I attempted to PFD but CA is saying since it's been validated... they cannot delete.. I am going to press a few more times for PFD but otherwise I would hate to pay for bad credit. any advice will help of course-there is no judgement but an FHA loan will require all debt paid. Link to comment Share on other sites More sharing options...
Methuss Posted January 4, 2007 Report Share Posted January 4, 2007 that's absolutely why, but I didn't do it in writing. lanlord tenant mentions a lot of writing and amounts of time before these things fall into play...Did you ever complain about the conditions at all and ask that they be repaired? If so, that's all you need. Doing it in writing is best, but many slumlords make it so you can't send them mail directly (deliberately so you can't send written notices). If the landlord evades ability to send notices in writing, you can raise that issue with your WoH defense.Right now, I'd send the CA a letter disputing the debt in full and stating that the landlord breached the lease under the warranty of habitability and that subsequently made the apartment unsafe to live in...effectively terminating the lease by the landlords own inaction to affect repairs and provide pest control. Link to comment Share on other sites More sharing options...
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