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Got my first DV back, now what?


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The letter states:

amount: 758.50, interest 205.35, total: 963.85

Included is a copy of my original rental agreement, a letter the property management company sent me 3 months after I moved and the itemized charge listing from the property management company.

The listing starts with Balance Forward: 574

To my knowledge I was current at this point

Then it shows a bunch of other charges including the full month's rent for the month I moved. (I gave them a 30day notice and moved early that month)

Does this constitute proper validation?

It doesn't give any explanation for the balance forward.

It doesn't give explanation for the interest charges.

I wholeheartedly dispute all but one or two of the fees on the list and feel they actually owe me at least $244 of my $385 deposit.

If I write them a letter saying I reject this validation and ask them for a statement showing how I got the balance forward, an explanation for why I was not served any notices if I was so far behind in rent and ask for a copy of my 30-day notice proving I owed for the month of December do they have to reply?

If they verify during the second DV process are they in violation?

Thanks!

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Sounds like you broke your lease and your pissed at the landlord, put yourself in thier shoes and understand all the extra costs involved in having to setup the apartment for a new tennant and all the money that goes into it, if you did skip out and break your lease, rather than playing the debt validation game that will take you nowhere, go make it right and take care of your business the right way, I usually fight for the other guy, but do the right thing and the right things happen, Wiz

The letter states:

amount: 758.50, interest 205.35, total: 963.85

Included is a copy of my original rental agreement, a letter the property management company sent me 3 months after I moved and the itemized charge listing from the property management company.

The listing starts with Balance Forward: 574

To my knowledge I was current at this point

Then it shows a bunch of other charges including the full month's rent for the month I moved. (I gave them a 30day notice and moved early that month)

Does this constitute proper validation?

It doesn't give any explanation for the balance forward.

It doesn't give explanation for the interest charges.

I wholeheartedly dispute all but one or two of the fees on the list and feel they actually owe me at least $244 of my $385 deposit.

If I write them a letter saying I reject this validation and ask them for a statement showing how I got the balance forward, an explanation for why I was not served any notices if I was so far behind in rent and ask for a copy of my 30-day notice proving I owed for the month of December do they have to reply?

If they verify during the second DV process are they in violation?

Thanks!

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No I didn't break my lease. I didn't have a lease. I gave a 30 day notice and then moved. When I gave the notice I should have been up to date with rent and then I paid for the month. At most there should only be like 5 days rent tacked on, not this mysterious 574 "balance forward" plus a whole month's rent that I didn't even live there. I don't think the landlord is responsible for this because she invited me back just a few months ago. I think its the land management company.

Like I said, I think they owe me a deposit, not the other way around. Back to my original question. Was the info that I received sufficient for a DV? Will I get anywhere by asking them to prove where the balance forward came from and to prove how they calculated the December rent of $376 + $50 (My rent was $406).

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Back to my original question. Was the info that I received sufficient for a DV?

That's probably as good as you could expect to get, and it's not likely a court would find that they owe you any more than that. Why don't you call the property management company and ask them for an itemized statement?

How old is this alleged debt anyway? $200.00 in interest sounds like an awful lot unless this account is several years old. It's also strange that interest would be added in the first place. It was a rental agreement, right? At worst, you should see compounding late fees, not interest.

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yeah, it was a rental agreement but the interest is coming from a CA. I'm just trying to find a way to weazle out of it because I don't feel like I owe it. You live and learn. I'm doing a lot of learning right now. I just feel like they should prove to me that I owe them the money if they want to pay it. The stuff they sent just doesn't convince me. I'm nervous about contacting the oc but maybe I'll just do it.

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True, but late fees expire with the contract. For example, your lease is up January 08, they can't charge you late fees for February unless there is a provision that allows you to go month to month, but even that would only apply if you were still living there.

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hmmm, when I pull truecredit EQ shows two entries for this debt with different balances. Same account number. But my paper report from EQ only shows one account showing the same details as the second true credit one.

Original Creditor: JENNINGS CO PROPERTY MGNT IN JENNINGS CO PRO

Responsibility: Individual Individual

Condition: Derogatory Derogatory

Original Balance: $961 $961

Balance: $961 $961

Date Opened: 03/30/2004 03/2004

Date Reported: 02/01/2007 02/2007

Account No.:

Original Creditor: JENNINGS CO PRO

Responsibility: Individual

Condition: Derogatory

Original Balance: $759

Balance: $957

Date Opened: 03/2004

Date Reported: 01/2007

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It depends a lot on how the contract is worded.

For example, The property management group that I worked for, had their agreements worded so that ANY deposit received could be used for anything they saw fit, (translated: any creative fees they could come up with to stick you with when you moved).

For example: there were NO Pet deposits, NO cleaning deposits, etc. BUT...if you had a pet, you were charged a SECURITY deposit, everyone was charged a SECURITY deposit for cleaning/damage, if your credit was so so, you were charged a SECURITY deposit.

What this meant, was even if you were charged a deposit because you had a pet, it didn't have to be used for that, if you moved owing rent, it could be taken out of the SECURITY deposit you had paid for having a pet.

At the same token, if you paid a deposit where you lived, and only stayed 5 days into your last month's rent, they coulda came up with some damage or cleaning fees in order to keep your deposit. (They could claim the walls needed painting, etc)

Having said that, these charges MUST be itemized in your list showing where your deposit went.

Are they saying it was applied to unpaid rent?

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The itemized list that the ca included was from the property management company

date description charges payments balance

Balance Forward 574

11/01/03 Rent (11/03) 406 980

11/05/03 chk#1340 sep/oct rent 456.00 524

11/06/03 Late Fee 50 574

12/01/03 Rent 379 953

12/06/03 Late Fee 50 1003

02/26/04 clean unit 36 1039

02/26/04 rpl drip pans 5 1044

02/26/04 rpr blinds 30 1074

02/26/04 clean carpets 69.50 1143.50

02/26/04 Deposit Credit -385 758.50

I posted another thread about this earlier. I don't have the original documents but my memory was a lot different than this itemized statement. It's basically saying I was 574 behind to begin with, then I paid november rent (which was a few days late so I included the late fee - at the same time I gave them my 30 day notice).

I wish I had sent the notice cmrrr. I don't have the same bank anymore either but maybe they still have my cancelled checks. I know I should have delt with this when I first got it. To my recollection, I was current with rent when I served them my notice and this statement does not explain where that amount came from or why they charged so much for december. We moved around the first of december. My memory also tells me that the original itemized list I received had a huge charge for blind replacement and closet doors so either I'm starting to get senial (only 27) or somethings not right.

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